State v. Gamble
Supreme Court of Missouri
Appeal from, Olay Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The court committed- error in overruling defendant’s motion to exclude the evidence and dismiss the cause, because the election of Special Judge Hughes of the Platte circuit court for its August term (at which the indictment was found) was unauthorized; the indictment was a nullity. First.
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Appeal from, Olay Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The court committed- error in overruling defendant’s motion to exclude the evidence and dismiss the cause, because the election of Special Judge Hughes of the Platte circuit court for its August term (at which the indictment was found) was unauthorized; the indictment was a nullity. First. Revised Statutes, 1879, section 1878, is the only provision' authorizing a special judge in criminal matters, and Judge Hughes according to the recital in the clerk’s entry was elected under Revised Statutes, 1879, section 1107. By said…
1Opinion of the CourtGantt, P. J.
The defendant was indicted at the August term, 1886, of the circuit court of Platte county* for murder in the first degree, for the killing of one Jeff. Cluck, in said county, on the sixth day of August, 1886. He was arraigned and pleaded not guilty. The cause was continued on defendant’s application through several terms of court, and at his request a change of venue was granted to the circuit court of Clay county. The cause coming on for trial at the June term of said court, defendant made application for a continuance on the ground of the absence of material witnesses, which application…
2Cases cited5 opinions
- State v. KnightSupreme Court of Missouri · 1875
- State v. DodsonSupreme Court of Missouri · 1880
- Green v. WalkerSupreme Court of Missouri · 1889
- State v. HosmerSupreme Court of Missouri · 1885
- State v. HartSupreme Court of Missouri · 1877
3Cited by15 opinions
- State v. WearSupreme Court of Missouri · 1898
- State v. Le BeauSupreme Court of Missouri · 1957
- State v. BanksSupreme Court of Missouri · 1893
- State v. HowellSupreme Court of Missouri · 1893
- Powers v. StateMississippi Supreme Court · 1903
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