Legal Opinion

State v. Sneed

Supreme Court of Missouri

Decided April 15, 1887PublishedCited by 21 opinions

Appeal from, Jackson Criminal Court. — Hon. J. K. Sheley, Special Judge. (1) The special judge, who presided at the trial, was not elected as required by the statute, and had no authority to preside as judge, try and sentence the defendant. R. S., sec. 1879 ; Lacy v. Barret, 75 Mo. 469. (2) The failure of the court to instruct the jury as to manslaughter in the fourth degree was error. State ». Anderson, 86 Mo. 309; State v. Banks, 73 Mo. 597; State n.

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Appeal from, Jackson Criminal Court. — Hon. J. K. Sheley, Special Judge. (1) The special judge, who presided at the trial, was not elected as required by the statute, and had no authority to preside as judge, try and sentence the defendant. R. S., sec. 1879 ; Lacy v. Barret, 75 Mo. 469. (2) The failure of the court to instruct the jury as to manslaughter in the fourth degree was error. State ». Anderson, 86 Mo. 309; State v. Banks, 73 Mo. 597; State n. Robinson, 73 Mo. 308; State v. Hill, 69 Mo. 452. (3) The court also erred in refusing to instruct the jury as to murder in the second degree.…

1Opinion of the CourtNorton, C. J.

The defendant was tried and convicted of murder, in the first degree, at the August term, 1886, of the criminal court of Jackson county, and his motion for a new trial being overruled, he has appealed to this court, and assigns, as his first ground of error, that the special judge, who presided at the trial, was not elected as required by the statute, and had no authority, as judge, to try and sentence defendant. It appears from the record that Hon. H. P. White was the judge of the criminal court of Jackson county, and that, at the August term, 1884, of said court, defendant njade an…

2Cases cited2 opinions

  1. State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
  2. Lacy v. BarrettSupreme Court of Missouri · 1882

3Cited by21 opinions

  1. State v. AndersonSupreme Court of Missouri · 1964
  2. State v. GartrellMissouri Court of Appeals · 1903
  3. State v. SmithSupreme Court of Missouri · 1893
  4. State v. UmbleSupreme Court of Missouri · 1893
  5. State v. BanksSupreme Court of Missouri · 1893

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