State v. Lynn
Supreme Court of Missouri
Appeal fro-m Washington Circuit. Court. — Hon. F. B. Decring, Judge. (1) The circuit court of the twenty-first judicial circuit had no jurisdiction to try this case, the sáme having been illegally sent from St. Erancois county. R. S. 1899, secs. 2594, 2595 and 2597. (2) The defendant has a constitutional right to trial in St. Francois county, which he has never waived or relinquished.
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Appeal fro-m Washington Circuit. Court. — Hon. F. B. Decring, Judge. (1) The circuit court of the twenty-first judicial circuit had no jurisdiction to try this case, the sáme having been illegally sent from St. Erancois county. R. S. 1899, secs. 2594, 2595 and 2597. (2) The defendant has a constitutional right to trial in St. Francois county, which he has never waived or relinquished. Constitution, art. 2, see. 22. (3) The trial court erred in overruling defendant’s application and affidavit for a continuance, based on the absence of witness Casteel. State v. Dyer, 139 Mo. 199. (4) The court…
1Opinion of the CourtBurgess, J.
— Defendant was convicted in the circuit court of Washington county of murder in the second degree, and his punishment fixed at ninety-nine years imprisonment in the State penitentiary, for having shot to death with a pistol at St. Erancois co-unty on May 13, 1900, one William Martin. He appeals.
It appears from the record that defendant and deceased were brothers-in-law, and at the time of the homicide occupied, with their respective families, different parts of the same house, situated on the farm of the Bonne Terre Earm and Cattle Company in St. Erancois county. Deceased had been in the…
2Cases cited13 opinions
- State v. WagnerSupreme Court of Missouri · 1883
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Keen v. SchnedlerSupreme Court of Missouri · 1887
- State v. DodsonSupreme Court of Missouri · 1880
- Potter v. Adams' ExecutorsSupreme Court of Missouri · 1857
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Buessel v. United StatesCourt of Appeals for the Second Circuit · 1919
- State v. RollieMissouri Court of Appeals · 1979
- State v. MurphySupreme Court of Missouri · 1937
- State v. RosegrantSupreme Court of Missouri · 1936
- Wright v. Kansas CitySupreme Court of Missouri · 1905
7 more not listed; retrieve them via the Exa API.