State v. Marshall
Supreme Court of Missouri
Appeal from Ozark Circuit Court. — Hon. A. H. Livingston, Special Judge. (1) The defendant, not having been brought to-trial before the end of the third term after the finding of the indictment, and the delay not being on his application or for want of time to try the case, was-entitled to his discharge.
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Appeal from Ozark Circuit Court. — Hon. A. H. Livingston, Special Judge. (1) The defendant, not having been brought to-trial before the end of the third term after the finding of the indictment, and the delay not being on his application or for want of time to try the case, was-entitled to his discharge. Revised Statutes, 1889, sec. 4223. (2) Where there is evidence explaining the flight, and tending to show that it was not from a consciousness of guilt, further instructions should be given. State v. King, 78 Mo. 555; State v. Walker, 98 Mo. 108. (3) The seventh instruction, given on the part…
1Opinion of the CourtBurgess, J.
At the April term, 1890, of the Ozark circuit court, the defendant was indicted for feloniously, willfully, on purpose and of his malice aforethought, shooting one John McCourtney with a rifle gun with intent to kill.
At the October term, 1890, and again at the April term, 1891, the cause was continued by the state.
The evidence shows that on the tenth day of January, 1890, while J. C. Miller and John McCourtney were sawing logs in Ozark county, Missouri, McCourtney was shot from ambush. Miller testified that he saw defendant running’ away from the smoke of the rifle. About the time of the…
2Cases cited4 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. WalkerSupreme Court of Missouri · 1888
- State v. HutingSupreme Court of Missouri · 1855
- State v. KingSupreme Court of Missouri · 1883
3Cited by16 opinions
- State v. SlorahSupreme Judicial Court of Maine · 1919
- State v. WearSupreme Court of Missouri · 1898
- State v. HarperSupreme Court of Missouri · 1971
- Ex Parte Clyde MeadowsCourt of Criminal Appeals of Oklahoma · 1941
- State v. BillingsSupreme Court of Missouri · 1897
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