(DOWNLOAD) "Malcolm Jackson v. State Missouri" by Supreme Court of Missouri Division 2 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Malcolm Jackson v. State Missouri
- Author : Supreme Court of Missouri Division 2
- Release Date : January 09, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Malcolm Jackson has appealed from an order refusing to set aside a verdict and judgment finding him guilty of first degree murder, following an evidentiary hearing on his Rule 27.26 motion to vacate. This Court has jurisdiction under its en banc order entered April 9, 1973 relating to pending cases involving first degree murder. On the original appeal the judgment of conviction was affirmed. State v. Jackson, 412 S.W.2d 428 (Mo. 1967). Point II on the original appeal assigned as error that the court from the bench during voir dire examination made prejudicial remarks to the panel. The remarks were made at the Conclusion of an extensive voir dire examination. The only reference in the transcript to these remarks follows: ""(Reporter's note: At this point Judge McFarland made a statement to the jurors regarding the need for more jurors, which statement was not reported by the official Court Reporter.)"" Out of the hearing of the panel trial counsel for appellant promptly commented that the court's statement to the panel was ""wellfounded"" but he asked for a mistrial on the basis that one statement was highly prejudicial, ""when the Court said you were talking about civil jurors or civil juries and that 'God forbid' they would be in a criminal case.""
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