State v. Dodson
Supreme Court of Missouri
Appeal from Hickory Circuit Court. — The case was tried before J. B. Upton, Esq., sitting as Special Judge. Conviction of embezzlement of property of one Stoughton. The bill of exceptions was filed the day after the appeal was allowed. 1. The indictment contains no direct averment that defendant was the agent of Stoughton. 2. The petition for change of venue from the regular judge was insufficient, because not supported by the affidavits of two or more reputable persons.
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Appeal from Hickory Circuit Court. — The case was tried before J. B. Upton, Esq., sitting as Special Judge. Conviction of embezzlement of property of one Stoughton. The bill of exceptions was filed the day after the appeal was allowed. 1. The indictment contains no direct averment that defendant was the agent of Stoughton. 2. The petition for change of venue from the regular judge was insufficient, because not supported by the affidavits of two or more reputable persons. R. S., § 1878 ; State v. Lawther, 65 Mo. 454. Special Judge Upton, therefore, had no jurisdiction to try the case. 8. The…
1Opinion of the CourtSherwood, C. J.
I. The statute expressly gives a defendant in criminal, as well as in civil cases, the entire term wherein to file his bill of exceptions, so that it makes no difference if the affidavit, for the appeal is filed previously or subsequently to the tiling of the bill of exceptions.
II. If there was any irregularity in the affidavit for taking the cause from the regular judge, bj7 reason of such affidavit lacking the oath of two or more reputable persons, this did not oust the jurisdiction of the special judge. Any objections on the score of irregularity should have been taken at the time, and…
2Cases cited2 opinions
- State v. KnightSupreme Court of Missouri · 1875
- State v. MeyersSupreme Court of Missouri · 1878
3Cited by23 opinions
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Coffey v. City of CarthageSupreme Court of Missouri · 1906
- State v. MispagelSupreme Court of Missouri · 1907
- Carter v. PriorSupreme Court of Missouri · 1883
- State v. MeysenburgMissouri Court of Appeals · 1902
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