State v. Reed
Supreme Court of Missouri
Appeal from, Christian Circuit Court. — Hon. W. E. G-eiqer, Judge. 1. The defendant is entitled to have, and the State is. hound to furnish a transcript correct in all material particulars. Where the record is defective only in immaterial Tespects, a writ of certiorari cannot be awarded. By .awarding the writ in this case, this court has given, judgment that the defects are material.
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Appeal from, Christian Circuit Court. — Hon. W. E. G-eiqer, Judge. 1. The defendant is entitled to have, and the State is. hound to furnish a transcript correct in all material particulars. Where the record is defective only in immaterial Tespects, a writ of certiorari cannot be awarded. By .awarding the writ in this case, this court has given, judgment that the defects are material. In cases of felony, the accused has a right to stand upon all his legal rights, that he has not expressly waived by the record, or that have not been taken away by the statute. State v. Armstrong, 46 Mo. 588;…
1Opinion of the CourtNapton, J.
The defendant was indicted in Greene county on the 14th of May, 1870,,for the murder of A. Hollingsworth, and a change of venue was awarded to the county of Christian, and at the March term, 1871, of the Christian circuit court a trial was had and the defendant convicted of manslaughter in the third degree, and sentenced to two years imprisonment in the penitentiary. The defendant appealed to this court, and a supersedeas was granted. The transcript of the proceedings in the case having been filed in 1871, and the case docketed in 1874, the appellant suggested a diminution of the record,…
2Cited by11 opinions
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- Richardson v. StateWyoming Supreme Court · 1907
- Bailey v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
- Tegler v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. RicksIdaho Supreme Court · 1921
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