Legal Opinion

State v. Gore

Supreme Court of Missouri

Decided February 18, 1922PublishedCited by 25 opinions

Appeal from Buchanan Circuit Court. — So». Wm. S. Uts, Judge. (1) The defendant was deprived of the right to a trial by a fair and impartial jury, in that the court, over the objection of defendant, excused legal, competent veniremen, upon the ground that they had conscientious scruples against inflicting the death penalty, and refused to excuse other veniremen who had such conscientious scruples.

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Appeal from Buchanan Circuit Court. — So». Wm. S. Uts, Judge. (1) The defendant was deprived of the right to a trial by a fair and impartial jury, in that the court, over the objection of defendant, excused legal, competent veniremen, upon the ground that they had conscientious scruples against inflicting the death penalty, and refused to excuse other veniremen who had such conscientious scruples. (2) The court erred in admitting in evidence the alleged dying declaration of deceased: (a) Because there was no proper showing that said statement was made under a consciousness and conviction of…

1Opinion of the CourtDavid E. Blair, J.

Defendant was tried in the Buchanan County Circuit Court upon an information charging her with murder in the first degree and, upon conviction by the jury of the crime of manslaghter and sentence upon verdict to imprisonment in the penitentiary for a period of two years, she has appealed.

Defendant was charged with killing her husband, one Cecil Gore. They were living together as husband and wife and conducted a restaurant in the city of St. Joseph. Said restaurant was composed of a dining room and three other rooms. One of these rooms was used as a bedroom, and contained a couch and other…

2Cases cited12 opinions

  1. State v. RascoSupreme Court of Missouri · 1912
  2. State v. VansantSupreme Court of Missouri · 1883
  3. Murphy v. StateSupreme Court of Alabama · 1861
  4. State v. McCanonSupreme Court of Missouri · 1872
  5. State v. CroneSupreme Court of Missouri · 1908

7 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. State v. WilliamsSupreme Court of Missouri · 1969
  2. State v. GadwoodSupreme Court of Missouri · 1938
  3. State v. BrinkleySupreme Court of Missouri · 1946
  4. State v. WrightSupreme Court of Missouri · 1943
  5. State v. MaloneSupreme Court of Missouri · 1933

20 more not listed; retrieve them via the Exa API.

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