Legal Opinion

State v. Blitz

Missouri Court of Appeals

Decided February 3, 1903PublishedCited by 42 opinions

Appeal from Jackson Criminal Court. — Hon. Samuel Davis, Special Judge. The court erred in overruling defendant’s application for a continuance. The application showed due diligence. R. S. 1899, sec. 2600; State v. Warden, 94 Mo. 649; State v. Dewitt, 152 Mo. 76; State v. Bradley, 90 Mo. 160. The court should have heard evidence in support of defendant’s application for a change of venue.

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Appeal from Jackson Criminal Court. — Hon. Samuel Davis, Special Judge. The court erred in overruling defendant’s application for a continuance. The application showed due diligence. R. S. 1899, sec. 2600; State v. Warden, 94 Mo. 649; State v. Dewitt, 152 Mo. 76; State v. Bradley, 90 Mo. 160. The court should have heard evidence in support of defendant’s application for a change of venue. R. S. 1899, sec. 2576; State v. Bohannon, 76 Mo. 562. If the evidence establishes the causes alleged in the petition for a change of venue the court should have ordered the change. State v. Hudspeth, 150 Mo.…

1Opinion of the CourtFox, J.

At the September term,1901, in the criminal court of Jackson eounty, Missouri, H. S. Hadley, prosecuting attorney, filed an information charging defendant, in connection with Ladd and Mullet, with grand larceny. As there is no assault made upon the information, there is no necessity for incumbering this opinion with a copy of it. The case was called for trial on October 25, 1901. The defendant then filed his motion and affidavit for a continuance, which was by the court overruled. The cause was continued to November 1,1901. At that time, the cause was called for trial before Hon. Samuel…

2Cases cited12 opinions

  1. State v. DonnellySupreme Court of Missouri · 1895
  2. State v. MillerSupreme Court of Missouri · 1890
  3. State v. TaylorSupreme Court of Missouri · 1889
  4. State v. PrendibleSupreme Court of Missouri · 1901
  5. State v. GrantSupreme Court of Missouri · 1898

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

3Cited by42 opinions

  1. State v. BarringtonSupreme Court of Missouri · 1906
  2. Fisher v. GunnSupreme Court of Missouri · 1954
  3. State v. Van HornSupreme Court of Missouri · 1982
  4. State v. JonesSupreme Court of Missouri · 1924
  5. Lewis v. WahlSupreme Court of Missouri · 1992

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

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