Duncan v. Missouri
Supreme Court of the United States
ERROR TO THE SUPREME . COURT OF THE STATE OF MISSOURI. - Motion to dismiss. Under the constitution of Missouri, in force at the time of the commission of the homicide to which this case relates, the judicial power of that State was vested in a Supreme Court and other inferior courts as therein mentioned, the Supreme Court-consisting of five judges, any three of whom constituted a quorum.
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ERROR TO THE SUPREME . COURT OF THE STATE OF MISSOURI. - Motion to dismiss. Under the constitution of Missouri, in force at the time of the commission of the homicide to which this case relates, the judicial power of that State was vested in a Supreme Court and other inferior courts as therein mentioned, the Supreme Court-consisting of five judges, any three of whom constituted a quorum. Constitution of Missouri, 1875, Art. VI. . In 1889 the general assembly of Missouri passed a concurrent resolution submitting to the qualified voters of the State an amendment to the constitution, concerning…
1Opinion of the Court
Mr. Chief Justice Fuller,
after stating the case, delivered the opinion of the court.. The amendment to the constitution of the State of Missouri provided for the separation of the Supreme Court into two divisions for the transaction of business, and that when a Federal question was involved, the cause, on the application of the losing party, should be transferred to the full court for decision. Doubtless, the particular division would direct, of its own motion, the transfer of cases involving a Federal ques tion without a hearing in the first instance, as was also allowed by the amendment,…
2Cases cited6 opinions
- Cummings v. MissouriSupreme Court of the United States · 1867
- Kring v. MissouriSupreme Court of the United States · 1883
- Leeper v. TexasSupreme Court of the United States · 1891
- Caldwell v. TexasSupreme Court of the United States · 1891
- Texas & Pacific Railway Co. v. Southern Pacific Co.Supreme Court of the United States · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by228 opinions
- Collins v. YoungbloodSupreme Court of the United States · 1990
- Beazell v. OhioSupreme Court of the United States · 1925
- Twining v. New JerseySupreme Court of the United States · 1908
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Holden v. HardySupreme Court of the United States · 1898
223 more not listed; retrieve them via the Exa API.