State v. Cunningham
Supreme Court of Missouri
Appeal from St. Louis Criminal Court.—How. J. C. N oemile, Judge. 1. Defendant’s challenges to the jurors, Worsley, Sceele and Meyer, should have been sustained. They were incompetent to form either a part of the panel, or to sit in the trial of the cause. R. S., sec. 1897. This case does not come within the rule of a long line of decisions in this state, of which State v. Bryant, 92 Mo. 273, is the last. In those cases the jurors had no bias or prejudice.
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Appeal from St. Louis Criminal Court.—How. J. C. N oemile, Judge. 1. Defendant’s challenges to the jurors, Worsley, Sceele and Meyer, should have been sustained. They were incompetent to form either a part of the panel, or to sit in the trial of the cause. R. S., sec. 1897. This case does not come within the rule of a long line of decisions in this state, of which State v. Bryant, 92 Mo. 273, is the last. In those cases the jurors had no bias or prejudice. Here they had, which it would take evidence to remove, and they further said that defendant would have to prove himself innocent, and it…
1Opinion of the CourtBlack, J.
This defendant was convicted of rape, committed upon the person of Mrs. Gutting. Objections were made to several jurors for cause; and, as the ruling of the trial court upon the qualification of Mr. Worsey presents the strongest case in favor of defendant’s objections, the examination of the other jurors need not be set out.
This juror upon his examination by the state, testified : “ I do not know the defendant, nor do I know Mr. or Mrs. Gutting. I remember of reading of the case in the newspaper shortly after the affair occurred. I thought it was a pretty hard case. I can’t say, but I have an…
2Cases cited6 opinions
- Commonwealth v. BurkeMassachusetts Supreme Judicial Court · 1870
- State v. ShieldsSupreme Court of Connecticut · 1877
- Crosswell v. PeopleMichigan Supreme Court · 1865
- Commonwealth v. McDonaldMassachusetts Supreme Judicial Court · 1872
- State v. BryantSupreme Court of Missouri · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Theobald v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- State v. BabyCourt of Appeals of Maryland · 2008
- State v. KoonceMissouri Court of Appeals · 1987
- State v. ChurchSupreme Court of Missouri · 1906
27 more not listed; retrieve them via the Exa API.