Ex parte Bedard
Supreme Court of Missouri
Habeas Corpus. (1) The filing by the defendant of the required affidavit, under section 4174, Revised Statutes, 1891,' rendered the judge of the St. Louis court of criminal correction incompetent, and disqualified him as the judge of said court from hearing the case or exercising the powers of an examining magistrate in the particular instance. All acts done after the filing of the affidavit were coram non judice.
Read the full summary
Habeas Corpus. (1) The filing by the defendant of the required affidavit, under section 4174, Revised Statutes, 1891,' rendered the judge of the St. Louis court of criminal correction incompetent, and disqualified him as the judge of said court from hearing the case or exercising the powers of an examining magistrate in the particular instance. All acts done after the filing of the affidavit were coram non judice. State v. Bulling, 100 Mo. 87 ; State v. Shipman, 93 Mo. 147 ; State n. Hayes, 81 Mo. 574; State v. Shea, 95 Mo. 85; State v. Creenwade, 72 Mo. 298; State v. Brownfield, 83 Mo. 448.…
1Opinion of the CourtThomas, J.
Emanuel Bedard' was, on proper process, arrested upon a charge of felony and taken before the St. Louis court of criminal correction for preliminary examination, in June, 1891. On the twenty-sixth day of that month he filed an affidavit, supported by two persons, to the effect that James R. Claiborne, judge of said court, was so prejudicéd against relator that he could not have a fair and impartial trial before him and applied for the election of a special judge. This application being overruled, relator made another affidavit to the same effect, and asked to have the case sent to some…
2Cases cited4 opinions
- State v. McO'BlenisSupreme Court of Missouri · 1857
- Ex parte SnyderSupreme Court of Missouri · 1876
- Showles v. FreemanSupreme Court of Missouri · 1884
- State v. BullingSupreme Court of Missouri · 1891
3Cited by13 opinions
- State Ex Rel. Aquamsi Land Co. v. HostetterSupreme Court of Missouri · 1935
- State ex rel. Board of Education v. NastSupreme Court of Missouri · 1908
- State Ex Rel. Kansas City Public Service Co. v. WaltnerSupreme Court of Missouri · 1943
- Coffman v. Shell Petroleum Corp.Missouri Court of Appeals · 1934
- State v. KingSupreme Court of Missouri · 1955
8 more not listed; retrieve them via the Exa API.