State v. Darling
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Ho». Wm. H. Martm, Judge. (1) Under the decisions of this State, a juror who has formed an opinion from having read the evidence taken at the coroner’s inquest and at the preliminary hearing, as printed in a newspaper, is, as a matter of law, disqualified from serving as a juror. State v. Foley, 144 Mo. 610; State v. Culler, 82 Mo. 623; State v. Hulz, 106 Mo. 53. The decisions of other States are in harmony with the law here.
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Appeal from Cooper Circuit Court. — Ho». Wm. H. Martm, Judge. (1) Under the decisions of this State, a juror who has formed an opinion from having read the evidence taken at the coroner’s inquest and at the preliminary hearing, as printed in a newspaper, is, as a matter of law, disqualified from serving as a juror. State v. Foley, 144 Mo. 610; State v. Culler, 82 Mo. 623; State v. Hulz, 106 Mo. 53. The decisions of other States are in harmony with the law here. Greenfield v. People, 74 N. Y. 277; Rice v. State, 9 Tenn. 432; Carroll v. State, 5 Neb. 31; Smith v. State, &Neb. 181; People v.…
1Opinion of the CourtBurgess, P. J.
The defendant, his brother, Silas Darling, and Dorvil Burris were jointly charged, in an information filed by the prosecuting attorney of Cooper county, with murder in the second degree, in killing with a dangerous and deadly weapon, to-wit, a large stone, one Samuel Jeifress at Cooper county on the 13th day of March, 1905. The cause was set for trial on the 10th day of July, .1905, when by permission of the court the State amended the information so as to charge said Darling and Burris with murder in the first degree. Thereupon Burris pleaded guilty to manslaughter under said information,…
2Cases cited12 opinions
- Gibson v. StateSupreme Court of Alabama · 1889
- State v. TaylorSupreme Court of Missouri · 1896
- State v. WalkerSupreme Court of Missouri · 1888
- State v. RobinsonSupreme Court of Missouri · 1893
- State v. KennedySupreme Court of Missouri · 1903
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. FosterSupreme Court of Missouri · 1946
- Ramsey v. StateSupreme Court of Florida · 1934
- State v. StallingsSupreme Court of Missouri · 1930
- State v. FieldsSupreme Court of Missouri · 1911
- State v. FinnSupreme Court of Missouri · 1951
17 more not listed; retrieve them via the Exa API.