State v. Rosenblatt
Supreme Court of Missouri
Error to Buchanan Criminal Court. — How. B. J. Casteel, Judge. (1) As applicable to section 2697, Revised Statutes 1899, it will be observed that final judgment in the court below must first be had before a writ of error will lie; in other words, all matters pertaining to the case at bar must first have been completely disposed of before this court will take cognizance of it by way of a writ ■ of error. In re Rose, 80 Cal. 170; Tylar v. Hamersley, 26 Am.
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Error to Buchanan Criminal Court. — How. B. J. Casteel, Judge. (1) As applicable to section 2697, Revised Statutes 1899, it will be observed that final judgment in the court below must first be had before a writ of error will lie; in other words, all matters pertaining to the case at bar must first have been completely disposed of before this court will take cognizance of it by way of a writ ■ of error. In re Rose, 80 Cal. 170; Tylar v. Hamersley, 26 Am. Rep. 479; Tompkins v. Brown, 123 Mich. 377; State v. Crilley, 20 Wis. 231; State v. Jenks, 16 Wis. 332; Eastin v. Gillett, 16 Wis. 546. The…
1Opinion of the CourtGantt, P. J.
From a conviction and sentence by the criminal court of Buchanan county, the defendant has taken his writ of error to this court. Preliminary to any investigation to the sufficiency of the indictment, the Attorney-General has moved to dismiss the writ of error on the ground that the cause was not prosecuted to a final judgment in the criminal court, because there is a motion in arrest of judgment yet pending before and undisposed of by the criminal court, and also because the record shows' that defendant entered a plea of guilty and agreed to the judgment against him and that no writ of error…
2Cases cited22 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- State v. MeyersSupreme Court of Missouri · 1889
- State v. HaywardSupreme Court of Missouri · 1884
- McGee v. StateSupreme Court of Missouri · 1844
- Portis v. StateSupreme Court of Arkansas · 1872
17 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- State Ex Rel. Garnholz v. La DriereSupreme Court of Missouri · 1957
- State v. CarsonSupreme Court of Missouri · 1910
- State v. CannonSupreme Court of Missouri · 1911
- State v. WadeSupreme Court of Missouri · 1916
- State v. EtchmanSupreme Court of Missouri · 1905
27 more not listed; retrieve them via the Exa API.