State v. Nelson
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. Samuel Davis, Special Judge. (1) The court erred in retaining Powell as a member of the jury to try this cause, and in compelling him, in spite of his refusal to be sworn, to stand up with the other jurors and raise his hand when the oath was administered to the jury.
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Appeal from Jackson Criminal Court. — Hon. Samuel Davis, Special Judge. (1) The court erred in retaining Powell as a member of the jury to try this cause, and in compelling him, in spite of his refusal to be sworn, to stand up with the other jurors and raise his hand when the oath was administered to the jury. “An oath is an outward pledge given by the person taking it, that his attestation or promise is made under an immediate sense of his responsibility to God.” 16 Am. and Eng. Ency. Law, 1018; Tyler on Oaths, p. 15; 2 Bouv. L. Diet., art., Oaths; Constitution, art. 2, secs. 28 and 30; 17…
1Opinion of the CourtGantt, J.
At the January term, 1900, of the criminal court of Jackson county, the defendant was indicted for murder, in the first degree, of one David Jones.
The homicide occurred on January 2, 1900, at what is known as the Star saloon on Union avenue, nearly opposite the Union Station, in Kansas City, Missouri.
As the indictment is in the usual and approved form, and is conceded to be sufficient, it is deemed unnecessary to reproduce it in full. The defendant was duly arraigned and pleaded not guilty. It appears he has been twice tried. There was a mistrial on the first trial. The facts in evidence on…
2Cases cited7 opinions
- State v. ElkinsSupreme Court of Missouri · 1876
- State v. SloanSupreme Court of Missouri · 1871
- State v. BaileySupreme Court of Missouri · 1887
- State v. MurraySupreme Court of Missouri · 1886
- State v. HollingsworthSupreme Court of Missouri · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. SharpeSupreme Court of Iowa · 1981
- State v. BecknerSupreme Court of Missouri · 1906
- State v. CampbellSupreme Court of Missouri · 1908
- State v. HagermanSupreme Court of Missouri · 1951
8 more not listed; retrieve them via the Exa API.