State v. Ott
Supreme Court of Missouri
Appeal from Phelps Circuit Court. The record does not show that the defendant was present in court when the verdict of the jury was returned into court and recorded. This should appear affirmatively by the record. (Wagn. Stat. 1103, § 15 ; State v. Cross; 27 Mo. 332 ; State v. Matthews, 20 Mo. 55.) The defendant was absent from the trial while it was going on, for six days, all the time. This was gross error. (Wagn.
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Appeal from Phelps Circuit Court. The record does not show that the defendant was present in court when the verdict of the jury was returned into court and recorded. This should appear affirmatively by the record. (Wagn. Stat. 1103, § 15 ; State v. Cross; 27 Mo. 332 ; State v. Matthews, 20 Mo. 55.) The defendant was absent from the trial while it was going on, for six days, all the time. This was gross error. (Wagn. Stat. 1103, § 15; State v. Braumschweig, 36 Mo. 397; 31 Mo. 149; 36 Mo. 393.)
1Opinion of the CourtWagner, Judge
The defendant was convicted of murder in the second degree, and sentenced to the penitentiary for the term of thirty years. Upon the trial the evidence was very conflicting, and presents nothing which would authorize us to interfere with, the verdict. In the matter of instructions the court doubtless aimed to be fair, as it gave about twenty on each side, and rejected about the same number offered respectively by the prosecution and the defense. The instructions covered mainly the points in the ease. But on account of their exceeding prolixity they were not as intelligible as they should have…
2Cases cited5 opinions
- State v. CrossSupreme Court of Missouri · 1858
- State v. MatthewsSupreme Court of Missouri · 1854
- State v. BraunschweigSupreme Court of Missouri · 1865
- State v. BucknerSupreme Court of Missouri · 1857
- State v. GavnerSupreme Court of Missouri · 1860
3Cited by6 opinions
- State v. BarnettSupreme Court of Missouri · 1876
- State v. PikeSupreme Judicial Court of Maine · 1876
- State v. BarnesSupreme Court of Missouri · 1875
- State v. AbleSupreme Court of Missouri · 1877
- State v. PicklesSupreme Court of Missouri · 1877
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