State v. Gilmore
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Ben. ,T. Hakdin, Esq., Special Judge. (1) The record only shows that the regular judge believed himself incompetent to try the cause by reason of his knowledge of the facts involved. This was not sufficient to give the special judge jurisdiction. Railroad v. Campbell, 62 Mo. 585; Smith v. Ua/nuorth, 53 Mo. 88; 64 Pa. St. 33; 19 Hun (N. T.) 346; State v. Phillips, 27 La.
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Appeal from Jackson Circuit Court. — Ben. ,T. Hakdin, Esq., Special Judge. (1) The record only shows that the regular judge believed himself incompetent to try the cause by reason of his knowledge of the facts involved. This was not sufficient to give the special judge jurisdiction. Railroad v. Campbell, 62 Mo. 585; Smith v. Ua/nuorth, 53 Mo. 88; 64 Pa. St. 33; 19 Hun (N. T.) 346; State v. Phillips, 27 La. Ann. 663; State v. Bulling, 100 Mo. 87; State v. Brownfield, 83 Mo. 449. (2) The indictment is bad for duplicity. Both counts contain and charge two distinct offenses. The first count…
1Opinion of the CourtGantt, P. J.
The defendant was indicted by the grand jury of Jackson county, in the. criminal court of said county, at the regular September term, 1890, for having, on the twenty-ninth of October, 1889, as attorney of Mrs. Eva Abbott, collected and received into his possession $500 belonging to her, and fraudulently embezzled and converted the same to his own use without her assent, and was convicted.
The indictment contained two counts. He was duly arraigned, and entered his plea of not guilty.
The cause was set down for trial on the ninth day of December, during the same term of court. On that day the…
2Cases cited11 opinions
- Bateson v. ClarkSupreme Court of Missouri · 1865
- State v. FlintSupreme Court of Missouri · 1876
- State v. AdamsSupreme Court of Missouri · 1891
- State v. McDonaldSupreme Court of Missouri · 1885
- State v. HarveySupreme Court of Missouri · 1891
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3Cited by36 opinions
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Danforth v. Lindell Railway Co.Supreme Court of Missouri · 1894
- Lynch v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Tillman v. StateSupreme Court of Florida · 1909
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