State v. Finley
Supreme Court of Missouri
Appeal from Callaway Circuit Court.— Hon. David H. Harris, Judge. (1) The indictment in this case is based upon Sec. 7226, E. S. 1909. This lias been declared to be unconstitutional. State v. Eawlings, 232 Mo. 544. (2) The Constitution provides, first, “that all persons have a natural right to life, liberty, and the enjoyment of the gains of their industry.” Sec. 4, art. 2. Second, “that no person shall be deprived of life, liberty or property without due process of law.”
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Appeal from Callaway Circuit Court.— Hon. David H. Harris, Judge. (1) The indictment in this case is based upon Sec. 7226, E. S. 1909. This lias been declared to be unconstitutional. State v. Eawlings, 232 Mo. 544. (2) The Constitution provides, first, “that all persons have a natural right to life, liberty, and the enjoyment of the gains of their industry.” Sec. 4, art. 2. Second, “that no person shall be deprived of life, liberty or property without due process of law.” Sec. 30, art. 2. ‘ ‘ These terms, ‘ life, ’ ‘ liberty, ’ and ‘ property, ’ are representative terms and cover every right…
1Opinion of the CourtFaris, J.
This is an appeal from an order made by the circuit court of Callaway county overruling a motion to quash an execution issued out of that court upon a judgment assessing certain fines against defendant upon his conviction of a misdemeanor.
For a clear understanding of the facts of the case and of the point involved here, it becomes necessary to recite certain antecedent facts:
At the September term, 1909, the defendant was indicted in two counts for violating section 7226, Revised Statutes 1909. Put upon his trial at said term he was convicted and as punishment there was assessed against him a…
2Cases cited16 opinions
- State ex rel. Campbell v. St. Louis Court of AppealsSupreme Court of Missouri · 1888
- State v. RawlingsSupreme Court of Missouri · 1911
- Dickey v. HolmesSupreme Court of Missouri · 1907
- State v. CampbellSupreme Court of Missouri · 1908
- Ash v. City of IndependenceSupreme Court of Missouri · 1898
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Non-Royalty Shoe Co. v. Phoenix Assurance Co.Supreme Court of Missouri · 1919
- City of Marshfield Ex Rel. Hasten v. BrownSupreme Court of Missouri · 1935
- City of St. Louis v. WashingtonMissouri Court of Appeals · 1949
- City of St. Louis v. SimonMissouri Court of Appeals · 1949
- State v. FinleyMissouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.