Legal Opinion

Ex parte Slater

Supreme Court of Missouri

Decided October 15, 1880PublishedCited by 49 opinions

Habeas Corpus. argued that the constitution does not permit the finding of an indictment by a grand jury of any county other than that in which the offense is committed, and that section 1804, Revised Statutes, is, therefore, unconstitutional, citing 4 Black. Com., 303, 350; Wharton Crim. Law, 277, 279; 2 Hawk. PI. Or., 313, § 34; 1 Starkie Or. PL, (2 Ed.) 14; 1 Bish. Cr.

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Habeas Corpus. argued that the constitution does not permit the finding of an indictment by a grand jury of any county other than that in which the offense is committed, and that section 1804, Revised Statutes, is, therefore, unconstitutional, citing 4 Black. Com., 303, 350; Wharton Crim. Law, 277, 279; 2 Hawk. PI. Or., 313, § 34; 1 Starkie Or. PL, (2 Ed.) 14; 1 Bish. Cr. Procedure, § 65; Hughes v. State, 35 Ala. 351, 362; 2 Story Const., 1784; R. S. 1879, § 1774; State v. Denton, 6 Coldw. 539; Kuh v. State, 1 Coldw. 344 ; Osborne v. State, 24 Ark. 629 ; Wheeler v. State, 24 Wis. 52; Swart v.…

1Opinion of the CourtNorton, J.

The petitioner in this case is confined in the jail of Audrain county by virtue of a warrant issued from the circuit court of Scotland county upon an indictment found by the grand jury of Scotland county, charging petitioner with having committed the crime of murder in the county of Clark. The principal and controlling question presented - for our consideration by the return made to the writ of habeas corpus issued in the case is, whether the grand jury of Scotland county had the power or jurisdiction under the constitution and laws of this State to prefer an indictment charging defendant…

2Cited by49 opinions

  1. State v. MeyersSupreme Court of Missouri · 1889
  2. Armour Packing Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1907
  3. In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
  4. State v. KyleSupreme Court of Missouri · 1901
  5. State v. HameySupreme Court of Missouri · 1902

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