Legal Opinion

State v. Elschinger

Supreme Court of Missouri

Decided November 23, 1909PublishedCited by 1 opinion

Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Williams, Judge. (1) The indictment is sound. In all hut the names used it is a rescript of that approved in the cases of State v. Gray, 172 Mo. 434; State v. McNamara, 212 Mo. 156. It is practically identical with the form of the indictments approved in the cases of State v. Evans, 158 Mo. 592; State v. Wilson, 172 Mo. 423. (2) The arraignment and plea, the oath and impanelment of the jury, the verdict, and sentence…

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Appeal from St. Louis City Circuit Court. — Hon. Geo. H. Williams, Judge. (1) The indictment is sound. In all hut the names used it is a rescript of that approved in the cases of State v. Gray, 172 Mo. 434; State v. McNamara, 212 Mo. 156. It is practically identical with the form of the indictments approved in the cases of State v. Evans, 158 Mo. 592; State v. Wilson, 172 Mo. 423. (2) The arraignment and plea, the oath and impanelment of the jury, the verdict, and sentence all appear in proper form in the record. For two reasons the bill was filed ont of time: 1. There was no valid basis for…

1Opinion of the CourtGantt, P. J.

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The defendant was indicted on the 19th day of March, 1908, by the grand jury of the city of St. Lonis, for murder in the first degree of Louisa Elschinger, his wife.

On the 24th of March, 1908, the defendant was duly arraigned and entered his plea of not guilty, and the cause was continued to the next term of court. At the April term, 1908, he was put upon his trial and convicted of murder in the first degree, and his punishment assessed at imprisonment in the penitentiary for life. Motions for new trial and in arrest of judgment were duly filed and overruled and the defendant sentenced in…

2Cases cited4 opinions

  1. State v. AppersonSupreme Court of Missouri · 1893
  2. State v. SeatonSupreme Court of Missouri · 1891
  3. State v. MosleySupreme Court of Missouri · 1893
  4. State v. GraySupreme Court of Missouri · 1903

3Cited by1 opinion

  1. State v. SwanSupreme Court of Missouri · 1911

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