Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-04-03
SAVED HIS NECK.
A Murder Trial of Seven Years Stand
ing.

WASHINGTON, April "A decision was
rendered by the United States Supreme
Court to-day in the interesting criminal
case of Chas. T. Hrlng, plaintiff, in error,
against the State Of Missouri, brought here
upon writ of error from the Supreme
Court of that State. Kring, the plaintiff
in error, on January T. 1875, shot and
killed woman named Dorar Branzer. At
the March term OF the st. Louis Criminal
Court in the same year, he was indicted
for murder in the first degree, tried and
found guilty and sentenced to hang. Upon
an appeal the judgment OF the Criminal
Court was reversed and new trial ordered.
Two more trials followed, in both of which
the jury failed TO agree. Upon the fourth
trial the Prise ner made an agreement with
the States attorney to plead
Guilty of Murder
in the second degree, upon condition that
his sentence be imprisonment for not
longer than ten years. Under this plea,
however, he was sentenced TO imprison-
ment for twenty-five years. He again ap-
pealed and the judgment OF the lower
courts was reversed by the Supreme Court
and the cause was q second time remanded.
Upon his next trial the prisoner refused to
withdraw his plea of guilty of murder in
the second degree or to make another
whereupon the court ordered the plea of
not guilty to be entered for him, and he
was again tried for murder in the tirst de-
gree. found guilty and sentenced 10 death.
He appealed successfully to the Court Of
Appeals and to the Supreme Court OF the
State. In both of these tribunals the Judg-
ment and the sentence of the court below
were affirmed. Sentence was then ordered
to be executed February 24tb, 1882, but be-
fore that time Judge Miller OF the United
States Supreme Court grBnted
ARrit of Error
and the case was brought here for final re-
view. Under the constitution and laws OF
Missouri in force at the time the offence
was committed and the Indictment found,
the prisoner could not be tried for muir
der in the first degree after he had been
convicted or pleaded guilty OF murder in
the second degree, but under the constitu-
tion OF 1875, as construed by the Supreme
Court of Missouri, one indicted for murder
in the first degree and convicted or sent
enced on q plea of guilty of murder In the
second degree, may be again tried for muir
der in the fir st degree in case OF appeal and
reverse.
The supreme Court decided that the
provision of the Constitution of Missouri
which denies to the plaintiff In error the
benefits which the previous law gave him
of the charge of murder in the first de-
greed, on conviction of murder in the sec
ond degree, is as to his case an ex post fscto
law within the meaning of the Constitu'
tion of the United States, and 1t was an
error of the Supreme Court OF Missouri
in holding otherwise, and its Judgment
is reversed and the case remanded TO 1T
with directions TO reverse the Judgment Of
the Criminal Court OF st. Louis, and Tor
sncb further proceedings as are not incon-
sistent weth this opinion. Chief Justice
Waite and Justices Bradley. Gray and
Matthews dissented. This decision, rem
dered BY bare majority of one, finally re.
leves the prisoner from the sentence OF
death which has been hanging over him
for the past seven years.