State v. Silva
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. D. W. Shackleeoed, Judge. (1) The circuit court of Cooper county had no jurisdiction to try this cause. Judge H. L. Edmunds had no power, right, or authority to again assume jurisdiction, and his appointment of Judge Dorsey W. Shackleford was null and void. The entire proceedings under Judge Shackleford were coram nonjudice. State v. Molerly, 121 Mo. 604; State v. Hayes, 81 Mo. 574; s. o., 88 Mo. 344; State v. Schaffer, 36 Mo.
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Appeal from Cooper Circuit Court. — Hon. D. W. Shackleeoed, Judge. (1) The circuit court of Cooper county had no jurisdiction to try this cause. Judge H. L. Edmunds had no power, right, or authority to again assume jurisdiction, and his appointment of Judge Dorsey W. Shackleford was null and void. The entire proceedings under Judge Shackleford were coram nonjudice. State v. Molerly, 121 Mo. 604; State v. Hayes, 81 Mo. 574; s. o., 88 Mo. 344; State v. Schaffer, 36 Mo. App. 589; State v. Shea, 95 Mo. 85; State v. Shipman, 93 Mo. 147; State v. Thomas, 32 Mo. App. 159; State v. Hopper, 71 Mo.…
1Opinion of the CourtG-antt, P. J.
The defendant was indicted at the January term, 1894, of the St. Louis criminal court for embezzlement. He was duly arraigned and a plea of not guilty entered.
At the March term, 1894, he filed his affidavit against Judge Edmunds, the judge of that court, whereupon Judge Edmunds made an order reciting that in his opinion no suitable or competent person could or would be chosen or elected as special judge to try said cause, and therefore he ordered said cause to be set down for trial on the second day of April, 1894, and requested Judge Hirzel, the judge of the thirteenth judicial circuit, to…
2Cases cited7 opinions
- Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
- State v. SpauldingSupreme Court of Kansas · 1880
- State v. . KingSupreme Court of North Carolina · 1882
- State v. AdamsSupreme Court of Missouri · 1891
- State v. ManleySupreme Court of Missouri · 1891
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3Cited by26 opinions
- State v. GoddardSupreme Court of Missouri · 1901
- State v. HudspethSupreme Court of Missouri · 1900
- Sloss-Sheffield Steel & Iron Co. v. NationsSupreme Court of Alabama · 1938
- State v. DuboisUtah Supreme Court · 1940
- State v. DaweIdaho Supreme Court · 1918
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