State v. Fitzsimmons
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. The facts sufficiently appear in the opinion of the court. I. The court improperly summoned a juror. (Sess. Acts, 1857, p. 661.) The witnesses ordered to be separated disobeyed the order; yet the court permitted them to testify. The court improperly permitted the organization of the company to be proven by reputation. It is not sufficient that the bank was organized under a general banking law.
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Appeal from St. Louis Criminal Court. The facts sufficiently appear in the opinion of the court. I. The court improperly summoned a juror. (Sess. Acts, 1857, p. 661.) The witnesses ordered to be separated disobeyed the order; yet the court permitted them to testify. The court improperly permitted the organization of the company to be proven by reputation. It is not sufficient that the bank was organized under a general banking law. (1 Denio, 9; 23 Wend. 103.) The jury found a verdict in the teeth of the instruction given at the instance of the defendant, that “ to constitute a sale or…
1Opinion of the CourtScott, Judge
The defendant was indicted for selling, exchanging and delivering forged counterfeit notes to one George Hawdon for a certain consideration to him paid, which said notes purported to be made and issued by the Chippewa bank, a bank duly incorporated under the laws of the state of "Wisconsin. The defendant was convicted and sentenced to the penitentiary, from which he appealed to this court.
One of the points made by the defendant is, that the judge of the court below summoned one of the jurors. It appears that the juror was upon the panel of jurors detailed for service in the cause. As the…
2Cases cited2 opinions
- De Bow v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845
- State v. BrookshireSupreme Court of Alabama · 1841
3Cited by15 opinions
- State v. SchweiterSupreme Court of Kansas · 1882
- State v. DaegeleSupreme Court of Missouri · 1957
- State v. HarlstonMissouri Court of Appeals · 1978
- City of St. Louis v. St. Louis Theatre Co.Supreme Court of Missouri · 1907
- Griffin v. StateTennessee Supreme Court · 1902
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