Legal Opinion · Dissent

State v. Wear

Supreme Court of Missouri

Decided June 25, 1898Published

Appeal from Butler Circuit Court. — Hon. Henry O. Riley, Judge. (1) The circuit court had jurisdiction to render the judgment of discharge; it also had jurisdiction of the defendant, and said judgment can not be attacked collaterally.

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Appeal from Butler Circuit Court. — Hon. Henry O. Riley, Judge. (1) The circuit court had jurisdiction to render the judgment of discharge; it also had jurisdiction of the defendant, and said judgment can not be attacked collaterally. Tates v. Johnson, 87 Mo. 213; Forder v. Davis, 38 Mo. 108; Tents v. Kenster, 41 Mo. 447; Gray v. Bowles, 74 Mo. 419; Karnes v. Alexander, 92 Mo. 660; Carpenter v. King, 42 Mo. 219; State v. Evans, 83 Mo. 319; Lewis v. Gray, 66 Mo. 614; Henry,v. Mc-Kerdie, 78 Mo. 416; Scott v. Crews, 72 Mo. 263; State v. Weathersby, 45 Mo. 17; Jeffries v. Wright, 51 Mo. 220;…

1DissentGantt, C. J.

{dissenting). — Prom a conviction of murder in the second degree the defendant has appealed to this court.

The defendant shot and killed Charles E. Lael on the night of April 9, 1892, in the city of Poplar Bluff in Butler county, Missouri. At the May term, 1892, of the circuit court of Butler county, the grand *209jury returned into open court an indictment charging defendant with murder in the first degree, of said Charles E. Laél. The defendant is the son of Hon. John GK Wear, who was the judge of the circuit court of Butler county, at the time of the homicide, and ever since has been and is…

2Cases cited23 opinions

  1. Cloud v. Inhabitants of the Town of Pierce CitySupreme Court of Missouri · 1885
  2. State v. HutingSupreme Court of Missouri · 1855
  3. United States v. ShoemakerU.S. Circuit Court for the District of Illinois · 1840
  4. State ex rel. Butler v. MoiseSupreme Court of Louisiana · 1895
  5. Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884

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