State v. Collins
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Hon. Chas. C Allen, Judge. Section 2818 of the parole law is unconstitutional, as it nowhere provides that any warrant, information or other legal process shall issue for the arrest of the paroled person, and is in direct conflict with the Fourteenth Amendment of the Federal Constitution and sec. 30 of art. 2 of the Constitution of Missouri, and conflicts with secs. 2441 and 2447, R. S. 1899. The act is had because it nowhere provides…
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Error to St. Louis City Circuit Court. — Hon. Chas. C Allen, Judge. Section 2818 of the parole law is unconstitutional, as it nowhere provides that any warrant, information or other legal process shall issue for the arrest of the paroled person, and is in direct conflict with the Fourteenth Amendment of the Federal Constitution and sec. 30 of art. 2 of the Constitution of Missouri, and conflicts with secs. 2441 and 2447, R. S. 1899. The act is had because it nowhere provides that the arrested paroled person shall have a hearing, his day in court, or a chance to defend himself against any…
1Opinion of the CourtGantt, P. J.
On February 11,1909, an information duly verified, was filed in the office of the clerk of the circuit court of the city of St. Louis, charging the defendant with the crime of larceny from the person of one B. C. McMahon in the nighttime. On May 3, 1909, the said defendant was duly arraigned and pleaded guilty as charged in the information and the court assessed his punishment at two years in the penitentiary. Judgment was accordingly pronounced, and thereafter the defendant, upon his application, was paroled. It appears that the clerk of the court in entering the judgment and sentence by…
2Cases cited5 opinions
- Woodward v. MurdockIndiana Supreme Court · 1890
- Arthur v. CraigSupreme Court of Iowa · 1878
- Kennedy's CaseMassachusetts Supreme Judicial Court · 1883
- State ex rel. Davis v. HunterSupreme Court of Iowa · 1904
- State v. EatonSupreme Court of Missouri · 1905
3Cited by8 opinions
- State v. SmallSupreme Court of Missouri · 1965
- State v. VinsonSupreme Court of Missouri · 1935
- State v. BrantleySupreme Court of Missouri · 1962
- Hunt v. StateIndiana Supreme Court · 1917
- Tabor v. HudspethSupreme Court of Kansas · 1952
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