State v. Gamble
Supreme Court of Missouri
Appeal from Sowell Circuit Court. — Hon. W. N. Evans, Judge. (1) The circuit court of Howell county had no jurisdiction to try the cause, and, having no jurisdiction, the defendant could not waive it, and thereby give the said court jurisdiction. R. S. secs. 4152, 4154; State v. Bulling, 100 Mo. 87. (2) Instruction number 3, given by the court, was error. This instruction, without being qualified, is not the law of this case, and was prejudicial to appellant.
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Appeal from Sowell Circuit Court. — Hon. W. N. Evans, Judge. (1) The circuit court of Howell county had no jurisdiction to try the cause, and, having no jurisdiction, the defendant could not waive it, and thereby give the said court jurisdiction. R. S. secs. 4152, 4154; State v. Bulling, 100 Mo. 87. (2) Instruction number 3, given by the court, was error. This instruction, without being qualified, is not the law of this case, and was prejudicial to appellant. (3) The one instruction asked by defendant is the law peculiarly applicable to this ease, and should have been given. (4) The verdict…
1Opinion of the CourtGantt, P. J.
At the February term, 1893, of the Oregon circuit court defendant was indicted for felonious assault upon one John H. Mitchell with a whiffletree and by shooting at said Mitchell with a revolver. At the same term defendant filed his affidavit and application for a change of venue on the ground of the prejudice of the inhabitants of Oregon, Howell, Shannon and Ozark counties; in other words, against all the counties in the twentieth judicial circuit, except Douglas. The court awarded the change of venue from Oregon, but ordered the cause removed to Howell county,, one of the counties against…
2Cases cited13 opinions
- State v. PartlowSupreme Court of Missouri · 1886
- State v. HopeSupreme Court of Missouri · 1889
- State v. ElkinsSupreme Court of Missouri · 1876
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. MannSupreme Court of Missouri · 1884
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3Cited by13 opinions
- State v. KentNorth Dakota Supreme Court · 1896
- State v. BrookshireSupreme Court of Missouri · 1962
- Hagner v. United StatesCourt of Appeals for the D.C. Circuit · 1931
- State v. DimmickSupreme Court of Missouri · 1932
- State v. CraneSupreme Court of Missouri · 1907
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