State v. Hayes
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. — Trial before Hon. Charles G. Burton, Judge of the Twenty-fifth Judicial Circuit. (1) Judge Burton had no lawful right or jurisdiction to try the cause, and he committed error in overruling defendant’s motion to vacate the order appointing him, defendant’s application for a change of venue having been previously withdrawn by leave of court, and Judge Van Wagoner having been lawfully installed judge of the .St.
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Appeal from St. Louis Criminal Court. — Trial before Hon. Charles G. Burton, Judge of the Twenty-fifth Judicial Circuit. (1) Judge Burton had no lawful right or jurisdiction to try the cause, and he committed error in overruling defendant’s motion to vacate the order appointing him, defendant’s application for a change of venue having been previously withdrawn by leave of court, and Judge Van Wagoner having been lawfully installed judge of the .St. Louis criminal court, in place of Judge Laughlin. (2) The court erred in allowing the state fifteen instead of eight peremptory challenges against…
1Opinion of the CourtSherwood, J.
This cause is here for the second time. The result of the defendant’s first appeal and our rulings then made, are reported in 81 Mo. 574 et seg. The defendant is charged in the indictment with the murder of Philip A. Mueller, and after our reversal of the judgment, has been tried again, the trial resulting in his conviction of and sentence for murder in the first degree, the second trial resulting in the same way as did the first one. This appeal presents but two points for consideration : First. Whether Judge Burton had jurisdiction to try the cause; second, whether section 1902, Revised…
2Cases cited2 opinions
- State ex rel. Harris v. HerrmannSupreme Court of Missouri · 1882
- State v. HayesSupreme Court of Missouri · 1884
3Cited by16 opinions
- State v. NolandSupreme Court of Missouri · 1892
- Garton v. StateSupreme Court of Missouri · 1970
- Niagara Oil Co. v. JacksonIndiana Court of Appeals · 1910
- Ex parte LovingSupreme Court of Missouri · 1903
- Ex Parte LancasterSupreme Court of Alabama · 1921
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