Legal Opinion

State v. Orrick

Supreme Court of Missouri

Decided April 15, 1891PublishedCited by 54 opinions

Appeal from Iron Ciruit Court. — Hon. J. L. Thomas, Judge. (1) The act of the legislature ( Acts, 1887, p. 153) creating the Piedmont branch of the Wayne circuit court is void because in conflict with article 4, section 54, of the constitution of Missouri. First.

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Appeal from Iron Ciruit Court. — Hon. J. L. Thomas, Judge. (1) The act of the legislature ( Acts, 1887, p. 153) creating the Piedmont branch of the Wayne circuit court is void because in conflict with article 4, section 54, of the constitution of Missouri. First. The act comes within the rule that “no local or special law shall be passed unless notice of the intention to apply therefor shall be published in the locality where the matter or thing to be affected may be situated, * * * and the notice shall be recited in the act according to its tenor,” in that there was no,notice. Const., art.…

1Opinion of the CourtMacfarlane, J.

Defendant was indicted in the circuit court of "Wayne county, at the November adjourned term of said court held at Piedmont in February, 1889, for the murder of Hiram Antis. A change of venue was afterwards granted to Iron county circuit court, in which defendant was tried and convicted of murder in the first degree, from which he has appealed.

I. It is insisted, in the first place, that the act of 1887, page 153, which provides for holding terms of the circuit court at Piedmont, is a local or special act, and the notice, required in such cases, not having been given, is unconstitutional and…

2Cases cited25 opinions

  1. State v. WalkerSupreme Court of Missouri · 1888
  2. Studstill v. StateSupreme Court of Georgia · 1849
  3. State v. LoweSupreme Court of Missouri · 1887
  4. White v. PeopleIllinois Supreme Court · 1876
  5. State v. AndersonSupreme Court of Missouri · 1886

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

3Cited by54 opinions

  1. State v. McGeeSupreme Court of Missouri · 1935
  2. State v. ShawleySupreme Court of Missouri · 1933
  3. Thalheim v. StateSupreme Court of Florida · 1896
  4. State v. CantlinSupreme Court of Missouri · 1893
  5. State v. FairlambSupreme Court of Missouri · 1894

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

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