Robinson v. State
Supreme Court of Missouri
Appeal frojVi sT. Louis criminal court 1st. Tlic indictment under which the appellant Was tried and ‘convicted, had by virtue of the •operation of the statute lost its legal force and vitality, in consequence of the State having continued his case two terms after the indictment was found* during all of which time the State had time to try him upon such indictment; and that the appellant was at all times ready and willing to be tried.
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Appeal frojVi sT. Louis criminal court 1st. Tlic indictment under which the appellant Was tried and ‘convicted, had by virtue of the •operation of the statute lost its legal force and vitality, in consequence of the State having continued his case two terms after the indictment was found* during all of which time the State had time to try him upon such indictment; and that the appellant was at all times ready and willing to be tried. Sec. 25 article 6 under practice and proceedings in criminal cases. 2d. The criminal court cannot pass judgment upon the appellant, because there was at the time…
1Opinion of the Court
Judge Ryland
delivered the opinion of the court.
The defendant Robinson was indicted at the September term of the criminal court for St. Louis county, in the year 1848, for grand larceny, stealing money from one John Donnelly, from on board the boat and *594vessel called “ Marshal Ney 55 in said county. On the 22d September, at the same term in which the indictment was found, the defendant was brought into court, and plead not guilty to the indictment—and on the 17th day of October, being the same term, the case was continued until the next term. On the 6th of December, in the November term of said…
2Cases cited1 opinion
- People v. HennesseyNew York Supreme Court · 1836
3Cited by17 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. PattersonSupreme Court of Missouri · 1881
- State v. MadorieSupreme Court of Missouri · 2005
- State v. WalkerSupreme Court of Missouri · 1888
- State v. WiggerSupreme Court of Missouri · 1906
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