Legal Opinion

State v. Able

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 36 opinions

Appeal from, Jasper Circuit Court.—The case was tried before Samuel G-. 'Williams, Esq., sitting as Special Judge. I. The constitution, Sec. 25 Art. 6, requiring that circuit judges shall be elected by the qualified voters of each circuit, the act of May 19, .1877, acts of 1877, page 357 in so far as it authorizes the election of a special judge by the members of the bar is unconstitutional. Winchester v. Ayres, 4 Greene (Iowa) 104; Van Slyke v. Trempealeau Co. Farmers Mut.

Read the full summary

Appeal from, Jasper Circuit Court.—The case was tried before Samuel G-. 'Williams, Esq., sitting as Special Judge. I. The constitution, Sec. 25 Art. 6, requiring that circuit judges shall be elected by the qualified voters of each circuit, the act of May 19, .1877, acts of 1877, page 357 in so far as it authorizes the election of a special judge by the members of the bar is unconstitutional. Winchester v. Ayres, 4 Greene (Iowa) 104; Van Slyke v. Trempealeau Co. Farmers Mut. Fire Ins. Co., 39 Wise. 390; Cohen v. Hoff, 3 Brevard (S. C.) 500. Section 29 of article 6 of the constition does not…

1Opinion of the CourtNorton, J.

The defendant was indicted in the circuit court of McDonald county at the June term, 1874, thereof for murder in the first degree in killing one John L. Lane. The venue of the cause on application of the defendant was by order of said court, made at its October term, 1874, changed to Jasper county, in which county defendant was put upon his trial at the September term, 1877, of the circuit court of said county, which resulted in his conviction of the crime charged in the indictment.

Before the trial defendant presented an application for continuance, which was by the court overruled, to which…

2Cases cited9 opinions

  1. State v. McO'BlenisSupreme Court of Missouri · 1857
  2. Brown v. BuzanIndiana Supreme Court · 1865
  3. Van Slyke v. Trempealeau County Farmers' Mutual Fire InsuranceWisconsin Supreme Court · 1876
  4. State ex rel. Circuit Attorney of Tenth Judicial Circuit v. Cape Girardeau & State Line RailroadSupreme Court of Missouri · 1871
  5. Jaccard v. AndersonSupreme Court of Missouri · 1865

4 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Ewing v. HoblitzelleSupreme Court of Missouri · 1884
  2. Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
  3. Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
  4. Robertson v. StateCourt of Criminal Appeals of Texas · 1911
  5. State v. TerrySupreme Court of Missouri · 1891

31 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API