State v. Crane
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Ron. B. J. Casteel, Special Judge. (1) Tbe regular judge, Wofford, was not properly-disqualified; bence, there was no authority under tbe law for Casteel, special judge, who tried tbe case, to act. Secs. 2594, 2595, R. S. 1899. Defendant was the only proper person to make tbe affidavit. State v. Thomas, 32 Mo.
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Appeal from Jackson Criminal Court. — Ron. B. J. Casteel, Special Judge. (1) Tbe regular judge, Wofford, was not properly-disqualified; bence, there was no authority under tbe law for Casteel, special judge, who tried tbe case, to act. Secs. 2594, 2595, R. S. 1899. Defendant was the only proper person to make tbe affidavit. State v. Thomas, 32 Mo. App. 159; State v. Brownfield; 83 Mo. 452; State v. Shipman, 93 Mo. 157; State v. Sumner, 143 Mo. 228. (2) Tbe plea in abatement and motion to quash should have been sustained. Tbe grand jury tbat indicted tbe defendant was not drawn and summoned as…
1Opinion of the CourtGantt, J.
At the April term, 1905, of the Jackson Criminal Court, .the grand jury returned an indictment charging the defendant with murder in the first degree of Henrietta Crane. On the 15th of July, 1905, the defendant was duly arraigned upon said indictment and refused to plead thereto, but stood mute, whereupon the court directed that a plea of not guilty should be entered for the defendant, and that the cause be con-*62tinned until the October term, 1905. On the 16th day of October, 1905, the defendant, by his attorney, W. 0. Reynolds, filed an application for a change of venue from the regular judge…
2Cases cited11 opinions
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- State v. DuestrowSupreme Court of Missouri · 1897
- Ohlquest v. Farwell & Co.Supreme Court of Iowa · 1887
- State v. ConnellSupreme Court of Missouri · 1872
- State v. BleekleySupreme Court of Missouri · 1853
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Scanlon v. Kansas CitySupreme Court of Missouri · 1930
- State v. McKeeverSupreme Court of Missouri · 1936
- State v. CochranSupreme Court of Missouri · 1947
- State v. HermannSupreme Court of Missouri · 1955
- State v. Le BeauSupreme Court of Missouri · 1957
17 more not listed; retrieve them via the Exa API.