State v. McCarver
Supreme Court of Missouri
Appeal from St. Francois Circuit Court. — Hon. Samuel Davis, Special Judge. (1) It is the absolute right of the accused to be tried in the county where the ofíense is charged to have been committed, but the Legislature ¡considered that prejudice and popular feeling often run so high, that the great essential, to-wit, “an impartial jury,” could not be obtained in the county, and wisely provided for the protection of the accused by directing that when, on his application, this…
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Appeal from St. Francois Circuit Court. — Hon. Samuel Davis, Special Judge. (1) It is the absolute right of the accused to be tried in the county where the ofíense is charged to have been committed, but the Legislature ¡considered that prejudice and popular feeling often run so high, that the great essential, to-wit, “an impartial jury,” could not be obtained in the county, and wisely provided for the protection of the accused by directing that when, on his application, this was shown to the court, he might be tried in another county where this prejudice did not exist. Unquestionably it…
1Opinion of the CourtBurgess, P. J.
On November 16, 1903, O. P. McCarver was indicted by the grand jury of St. Francois county for murder in the first degree for having, .at said county, on the 14th day of November, 1903, shot and killed with a pistol, one Harry Lett. Thereafter, at the August term, 1904, of said court, defendant was put upon his trial before the court and jury, found guilty of the offense charged, and his punishment assessed at death. Defendant’s motions for new trial and in arrest having been overruled, he appeals.
After defendant’s arraignment and his plea of not guilty were entered of record, he made…
2Cases cited31 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- State v. FairlambSupreme Court of Missouri · 1894
- State v. WelsorSupreme Court of Missouri · 1893
- State v. BlitzMissouri Court of Appeals · 1903
- State v. EvansSupreme Court of Missouri · 1901
26 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. ReichSupreme Court of Missouri · 1922
- State v. MartinSupreme Court of Missouri · 1953
- State v. HarrisonSupreme Court of Missouri · 1955
- State v. PfeiferSupreme Court of Missouri · 1916
- State v. JordanSupreme Court of Missouri · 1920
18 more not listed; retrieve them via the Exa API.