State v. Rich
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. John W. and John Rich were indicted in the Circuit Court of Stone county, at the June term, 1853, for an assault. Upon their motion, the cause was subsequently removed by change of venue to the Circuit Court of Lawrence county.
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Appeal from Lawrence Circuit Court. John W. and John Rich were indicted in the Circuit Court of Stone county, at the June term, 1853, for an assault. Upon their motion, the cause was subsequently removed by change of venue to the Circuit Court of Lawrence county. They there moved to quash the indictment, assigning as a reason that the law establishing the county of Stone was unconstitutional, because its effect was, to reduce the population of Taney county below the legal ratio of representation. At the hearing, the circuit attorney admitted that such was the effect of the law, and thereupon,…
1Opinion of the CourtLeonard, Judge
This judgment must be reversed, and the cause remanded, to be proceeded in to a final trial and determination.
The ground of the motion to quash the indictment was, that the act of the general assembly establishing the county of Stone, (Sess. Acts, 1851, p. 186,) where the indictment was found, was unconstitutional, because the establishment of this county had the effect of reducing the old county, (Taney,) from which it was taken, below the ratio of representation then required ; that, therefore, Stone county was not constitutionally established, and that, of course, there was, in point of…
2Cases cited1 opinion
- State ex rel. Douglass v. ScottSupreme Court of Missouri · 1853
3Cited by22 opinions
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898
- Ashley v. Board of SupervisorsCourt of Appeals for the Sixth Circuit · 1893
- City of Albuquerque v. Water Supply Co.New Mexico Supreme Court · 1918
- Burt v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1884
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