State v. Pritchett
Supreme Court of Missouri
Appeal from Camden Circuit Court. — Ron. Argus Cox, Judge. (1) Defendant claims that material error was committed in not giving him a preliminary examination as provided in Laws 1905, page 133. The Legislature deemed a preliminary examination of such paramount importance in capital cases that it singled out this class of criminal cases and expressly provides that no defendant shall he prosecuted by information unless he was first given a preliminary 'examination.
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Appeal from Camden Circuit Court. — Ron. Argus Cox, Judge. (1) Defendant claims that material error was committed in not giving him a preliminary examination as provided in Laws 1905, page 133. The Legislature deemed a preliminary examination of such paramount importance in capital cases that it singled out this class of criminal cases and expressly provides that no defendant shall he prosecuted by information unless he was first given a preliminary 'examination. It is written into the criminal law and it is certainly mandatory on the courts. It is a provision for the protection of the…
1Opinion of the Court
BURGESS, J. —
At the August term, 1907, of the Camden Circuit Court, the defendant was convicted of murder in the second degree, under an information filed by the prosecuting attorney of said county charging him with the crime of murder, for having shot and killed with a loaded pistol one William J. Manes, in *700said county, on the 27th day of July, 1900. Defendant filed motions for a new trial and in arrest of judgment, which were overruled, whereupon he appealed.
The evidence shows that the defendant lived near Richland, Pulaski county, Missouri, and that about a month prior to the commission of…
2Cases cited5 opinions
- Washburn v. PeopleMichigan Supreme Court · 1862
- State v. JeffriesSupreme Court of Missouri · 1908
- State v. BarnettSupreme Court of Kansas · 1865
- Ex Parte McLaughlinSupreme Court of Missouri · 1908
- State v. McKeeSupreme Court of Missouri · 1908
3Cited by19 opinions
- State v. CarsonSupreme Court of Missouri · 1910
- State v. JacksonSupreme Court of Missouri · 1909
- State v. BairdSupreme Court of Missouri · 1923
- State v. BishopSupreme Court of Missouri · 1910
- State v. HardySupreme Court of Missouri · 1936
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