State v. O'Rourke
Supreme Court of Missouri
Appeal from Andrew Circuit Court. 1. Under a proper construction of the act of 1873 (Sess. Acts, 1873, p. 56), appellant was not bound to prove anything to the court below. It is sufficient if it appears by the record that the court is prejudiced against the defendant.
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Appeal from Andrew Circuit Court. 1. Under a proper construction of the act of 1873 (Sess. Acts, 1873, p. 56), appellant was not bound to prove anything to the court below. It is sufficient if it appears by the record that the court is prejudiced against the defendant. It is unreasonable to suppose that the legislature intended to provide that the issues should be made and tried, before and by the judge of the court, upon the evidence pro. and con., the issue being made on a charge of prejudice of the judge against a party- whose right to life or liberty is at stake and on trial before him.…
1Opinion of the CourtVobies, Judge
This .was a prosecution against the defendant upon an indictment for robbery which included a charge of grand larceny. No objection .was made to the sufficiency of the indictment. The indictment was found at the April-Term of the Andrew Circuit Ooui't, in the year 1873. At the August Term of said court in the year 1873, the defendant was arraigned and pleaded not guilty to the indictment. No other notice of the defendant or the cause appears on the record at said term. It appears from the docket entries and bill of exceptions filed in the case, that at the December Term of the court which…
2Cases cited1 opinion
- Freleigh v. StateSupreme Court of Missouri · 1844
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- State v. KringMissouri Court of Appeals · 1881
- State v. LackSupreme Court of Missouri · 1875