Legal Opinion

State v. Butler

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 24 opinions

Appeal from Jackson Criminal Court. — Host. HenryP.Wiiite, Judge. 1. Sec. 3, p. 511,1 Wag. Stat., is unconstitutional. The 14th amendment to the federal constitution, and section 2, article 4 of said constitution prohibits such legislation in the State.

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Appeal from Jackson Criminal Court. — Host. HenryP.Wiiite, Judge. 1. Sec. 3, p. 511,1 Wag. Stat., is unconstitutional. The 14th amendment to the federal constitution, and section 2, article 4 of said constitution prohibits such legislation in the State. At common law, the citizen could not be put more than once in jeopardy for the same offense, and this principle has been'ingrafted into the constitution of every State and the federal government. . Section 22, bill of rights, constitution of 1875, guarantees to every citizen the right to meet the witnesses against him face to face) and to have…

1Opinion of the Court

Sherwood, O. J.

The defendant, indicted and convicted of stealing a horse, appeals to this court.

I. The chief point urged.upon our attention is the uneonstitutionality of the statute under which the defendant was indicted. The substance of that statute is, that persons obtaining property in another State or county, by theft or robbery, and bringing such property into this State, may be indicted and punished for larceny in any county in this State, into or through which such property may be brought, in the same manner as if the property had been feloniously taken or stolen in this State. (1…

2Cases cited7 opinions

  1. State v. RaySupreme Court of Missouri · 1873
  2. Watson v. StateMississippi Supreme Court · 1872
  3. People v. WilliamsMichigan Supreme Court · 1871
  4. Richardson v. FarmerSupreme Court of Missouri · 1865
  5. Hemmaker v. StateSupreme Court of Missouri · 1849

2 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. PagelsSupreme Court of Missouri · 1887
  2. State v. WelsorSupreme Court of Missouri · 1893
  3. Mayor of Liberty v. BurnsSupreme Court of Missouri · 1893
  4. State v. HuffSupreme Court of Missouri · 1901
  5. State v. SebastianSupreme Court of Missouri · 1908

19 more not listed; retrieve them via the Exa API.

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