State v. Gabriel
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. M. G. McGregor, Judge. (1) The motion of defendant to strike this case from the docket in the Lawrence circuit court should have been sustained. The order of the Jasper circuit court, changing the venue to Greene county, gave that court jurisdiction, and it was forever gone from the Jasper .circuit court.
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Appeal from Lawrence Circuit Court. — Hon. M. G. McGregor, Judge. (1) The motion of defendant to strike this case from the docket in the Lawrence circuit court should have been sustained. The order of the Jasper circuit court, changing the venue to Greene county, gave that court jurisdiction, and it was forever gone from the Jasper .circuit court. Henderson v. Henderson et al., 55 Mo. 534; Gilslrap v. Felts, 50 Mo. 428 ; State v. Daniels, 66 Mo. 192. The statute on the subject of changes of venue has always been construed to be more directory than otherwise. State v. Cates, 10 Mo. 400 ; State…
1Opinion of the CourtSherwood, J.
The defendant, indicted for’ the grand larceny of several sheep, when tried, was convicted of petit larceny, though the only evidence as to their value showed that they were worth $32.50.
I. There was no error in setting aside the order transferring the cause to the circuit court of Greene county, since that order had been improvidently made) as section 1856, Revised Statutes, confers no authority to award a change of venue to another circuit where the ground of the change is the prejudice of the inhabitants of the county in which the cause is pending. And as the first order awarding a change…
2Cases cited4 opinions
- People v. AllenNew York Supreme Court · 1847
- State v. GrahamSupreme Court of Missouri · 1870
- State v. StoneSupreme Court of Missouri · 1878
- State v. ArterSupreme Court of Missouri · 1877
3Cited by31 opinions
- State v. YoungSupreme Court of Missouri · 1894
- Henry v. SneedSupreme Court of Missouri · 1889
- State v. DuncanSupreme Court of Missouri · 1893
- Jackson v. StateCourt of Criminal Appeals of Oklahoma · 1923
- State v. KennedySupreme Court of Missouri · 1903
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