State ex rel. Gaston v. Shields
Supreme Court of Missouri
Prohibition. (1) An absolute writ of prohibition should issue, because the pleadings herein show that the offense with which relator is charged is a misdemeanor and not a felony. The facts alleged in the indictment constitute the offense defined by Sec. 1853, R. S. 1899. This section has never been repealed.
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Prohibition. (1) An absolute writ of prohibition should issue, because the pleadings herein show that the offense with which relator is charged is a misdemeanor and not a felony. The facts alleged in the indictment constitute the offense defined by Sec. 1853, R. S. 1899. This section has never been repealed. Section 1825, R. S. 1899, was amended by Laws of 1901, p. 127, and said act was declared by this court unconstitutional in the case of State v. Hartley, 185 Mo. 669, because, “There can be no manslaughter at common law where there is no homicide.” State v. Young, '55 Kan. 349. Section…
1Opinion of the CourtBurgess, J.
This is an original proceeding for a writ of prohibition, addressed to the respondent, the Honorable George H. Shields, Judge of the circuit court of the city of St. Louis, Division No. 10, for the trial of criminal causes, to prohibit bim from entertaining jurisdiction, and from taking any further cognizance, of the ease of State of Missouri versus William A. Gas-ton.
Among other things, the petition alleges “that said circuit court has original jurisdiction in criminal causes other than misdemeanors, and that said court has no jurisdiction in criminal causes that are misdemeanors.
“That on…
2Cases cited19 opinions
- Commonwealth v. TibbettsMassachusetts Supreme Judicial Court · 1893
- State ex rel. Missouri & Mississippi Railroad v. Macon County CourtSupreme Court of Missouri · 1867
- Eggart v. StateSupreme Court of Florida · 1898
- State ex rel. Martin v. WoffordSupreme Court of Missouri · 1894
- Manker v. FaulhaberSupreme Court of Missouri · 1887
14 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. MillerSupreme Court of Missouri · 1953
- Gregory v. Kansas CitySupreme Court of Missouri · 1912
- Pogue v. SwinkSupreme Court of Missouri · 1953
- In Re Poindexter v. Pettis CountySupreme Court of Missouri · 1922
- State v. SmithSupreme Court of Missouri · 1939
1 more not listed; retrieve them via the Exa API.