Legal Opinion

McKay v. State

Supreme Court of Missouri

Decided October 15, 1849PublishedCited by 3 opinions

APPEAL FROM JEFFERSON CIRCUIT COURT. The court below erred insetting aside the order of continuance, and setting the case for trial on tito 18th Dec. There aro only two regular terms of court in Jefferson county—4th Mondays of May and November.

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APPEAL FROM JEFFERSON CIRCUIT COURT. The court below erred insetting aside the order of continuance, and setting the case for trial on tito 18th Dec. There aro only two regular terms of court in Jefferson county—4th Mondays of May and November. Revised statutes page 325 sec. 25. .After the court, on the 28th Nov. ordered a general continuance to the next term, tho cause stood continued to tho 4th Monday ill May 1849, and the jurisdiction had passed from the court, and the cause stood over as any other cause. The court could not resume its jurisdiction by sotting asido tho continuance on the…

1Opinion of the Court

Judge Ryland

delivered the opinion of the court.

The appellant, Burt McKay, was indicted with one Hugh Gillespie, in the St. Louis criminal court for grand larceny at the July term 1848. To this indictment the defendant, the present appellant, plead “ not guilty,” so did Hugh Gillespie. They also prayed for a separate trial, and filed their petition for a change of venue. The court ordered a separate trial, and changed the venue to the circuit court of Jefferson county, in the ninth judicial circuit of this State.

At the regular term of the circuit court for said county of Jefferson, begun on…

2Cases cited2 opinions

  1. Tunstall v. HamiltonSupreme Court of Missouri · 1844
  2. Moore v. M'CullochSupreme Court of Missouri · 1840

3Cited by3 opinions

  1. State v. PierceSupreme Court of Vermont · 1914
  2. State v. FrenchSupreme Court of Missouri · 1972
  3. Brown v. StateCourt of Appeals of Texas · 1877

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