State ex rel. Butler v. Foster
Supreme Court of Missouri
Prohibition. (1) The indictment charges petitioner with the commission of a misdemeanor and the circuit court of the city of St. Louis has no jurisdiction. 2 R. S. 1899, art. 18, p. 2149; 2 R. S. 1879, sec. 1, ch. 2, p. 1507; Laws 1895, p. 130; 2 R. S. 1899, sec. 27, art. 17, p. 2538. If the offense charged in the indictment is a misdemeanor, the circuit court of the city of St. Louis has no jurisdiction, and an absolute writ of prohibition should issue against the judge of…
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Prohibition. (1) The indictment charges petitioner with the commission of a misdemeanor and the circuit court of the city of St. Louis has no jurisdiction. 2 R. S. 1899, art. 18, p. 2149; 2 R. S. 1879, sec. 1, ch. 2, p. 1507; Laws 1895, p. 130; 2 R. S. 1899, sec. 27, art. 17, p. 2538. If the offense charged in the indictment is a misdemeanor, the circuit court of the city of St. Louis has no jurisdiction, and an absolute writ of prohibition should issue against the judge of said court. The indictment attempts to charge the defendant in that case with a violation of section 2041, Revised…
1Opinion of the Court
GANTT, J. —
This is an original proceeding in this court to obtain a writ of prohibition against the respondent, as judge of the circuit court, to prevent his taking further cognizance of a certain prosecution pending in his division of the circuit court of the city of St. Louis, upon an indictment preferred by the grand jury of the said city against said relator, for the reason alleged that the offence charged in said indictment is a misdemeanor only, and by the laws of this State governing and limiting the jurisdiction of said circuit court it has no jurisdiction to try, hear or determine…
2Cases cited12 opinions
- Ex Parte WilsonSupreme Court of the United States · 1885
- United States v. PalmerSupreme Court of the United States · 1818
- United States v. GoldenbergSupreme Court of the United States · 1897
- Reagan v. United StatesSupreme Court of the United States · 1895
- MacKin v. United StatesSupreme Court of the United States · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State ex rel. Judah v. FortSupreme Court of Missouri · 1908
- State v. CoorMissouri Court of Appeals · 1987
- State ex rel. Fenn v. McQuillinSupreme Court of Missouri · 1914
- State v. WoodsonSupreme Court of Missouri · 1913
- State Ex Rel. Stinger v. KrugerSupreme Court of Missouri · 1919
16 more not listed; retrieve them via the Exa API.