State v. Stone
Supreme Court of Missouri
Appeal from Cooper Circuit Court. —Hon. E. L. Edwards, Judge. (1 ) The Cooper circuit court had no jurisdiction to try the cause. Section 1866, Revised Statutes, 1879, is specific and peremptory. Defendant did not waive any legal requirement by appearing. In a charge of felony, defendant cannot waive his legal rights against a plain statute. Consent did not confer jurisdiction.
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Appeal from Cooper Circuit Court. —Hon. E. L. Edwards, Judge. (1 ) The Cooper circuit court had no jurisdiction to try the cause. Section 1866, Revised Statutes, 1879, is specific and peremptory. Defendant did not waive any legal requirement by appearing. In a charge of felony, defendant cannot waive his legal rights against a plain statute. Consent did not confer jurisdiction. Ewing v. Brooks, 69 Mo. 49. The order of removal could not be effectual, the defendant not then being in confinement or no recognizance taken. It follows that the circuit court of Moniteau county still retained…
1Opinion of the CourtGantt, P. J.
The defendant was indicted in the Moniteau circuit court on the sixth day of September, 1888, for taking one Rebecca Wood, a female under eighteen years of age, from her mother for the purpose of concubinage. He was arrested and duly arraigned on October 1, 1888, and plea of “not guilty” entered. Bail fixed by the court at $500. The cause was continued to the March term, 1889, of the Moniteau court. At the March term, 1889, defendant made his application for a change of venue, based on the ground that the minds of the inhabitants of Moniteau county were so prejudiced against him that he could…
2Cases cited2 opinions
- State v. StrattmanSupreme Court of Missouri · 1890
- State v. WoolaverSupreme Court of Missouri · 1882
3Cited by13 opinions
- Coleman v. HageySupreme Court of Missouri · 1913
- State v. MyersSupreme Court of Missouri · 1906
- State v. JohnsonSupreme Court of Missouri · 1893
- State v. BobbstSupreme Court of Missouri · 1895
- State v. LingleSupreme Court of Missouri · 1895
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