State v. Wilson
Supreme Court of Missouri
Appeal from'Lafayette Criminal Court.—Hon. J. E. Ryland, Judge. (1) Tlie court erred in refusing to grant defendant’s application for a change of venue. It abused its discretion. (2) Tlie court erred in sustaining tlie demurrer to defendant’s plea in abatement. Tlie grand jury must be considered as a whole. The status of any one member fixes the status of the whole grand jury. If any one of them be open to exception, he vitiates the whole grand jury.
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Appeal from'Lafayette Criminal Court.—Hon. J. E. Ryland, Judge. (1) Tlie court erred in refusing to grant defendant’s application for a change of venue. It abused its discretion. (2) Tlie court erred in sustaining tlie demurrer to defendant’s plea in abatement. Tlie grand jury must be considered as a whole. The status of any one member fixes the status of the whole grand jury. If any one of them be open to exception, he vitiates the whole grand jury. Barney v. State, 12 S. & M. 68; State v. Duncan, 7 Yerger 271; State v. Jacobs, 6 Texas 99. (3) The court erred in overruling defendant’s…
1Opinion of the CourtSherwood, J.
The defendant, a negro, was indicted, for killing a girl of his own race, by shooting her to death with a pistol. The crime of which defendant stands convicted, if testimony to that effect from all the witnesses except defendant, be taken as true, and the nature, number and direction of the gun-shot wounds be considered, was an atrociously brutal murder, without palliation or excuse. The testimony of the defendant, in some particulars, tended to show circumstances extenuating the offence ; but when his whole testimony is examined, no possible doubt can arise as to the existence of his guilt…
2Cases cited2 opinions
- State v. WhittonSupreme Court of Missouri · 1878
- State v. CullerSupreme Court of Missouri · 1884
3Cited by13 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1908
- State v. HolcombSupreme Court of Missouri · 1885
- State v. HowellSupreme Court of Missouri · 1893
- State v. BryantSupreme Court of Missouri · 1887
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