Ex parte Heath
Supreme Court of Missouri
Habeas Corpus. (1) Tbe right of appeal did not exist at common law, and is enjoyed now solely by reason of statute. The privileges and immunities ancillary thereto, including stay of execution and bail pending appeal, are likewise of statutory creation, and are limited to the number and kind given by statute.
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Habeas Corpus. (1) Tbe right of appeal did not exist at common law, and is enjoyed now solely by reason of statute. The privileges and immunities ancillary thereto, including stay of execution and bail pending appeal, are likewise of statutory creation, and are limited to the number and kind given by statute. In re Baurer, 112 Mo. 231; State v. Brown, 153 Mo. 578; Ex Parte McNally, 199 Mo. 516; State v. Thayer, 158 Mo. 36. Sections 2698, 2699 and 2700', R. S. 1899, provide the terms and conditions under which execution may be stayed pending an appeal. Since the punishment assessed in the case…
1Opinion of the CourtGantt, P. J.
On the 15th day of December, 1909, by the judgment of the circuit court of Lawrence county, the petitioner was sentenced, upon a verdict' of guilty of murder in the first degree, to the penitentiary of this State for a period of his natural life from and after the 14th day of December, 1909. From that judgment and sentence he prayed and was granted an appeal to this court and the said appeal in contemplation of law is now pending in this court.
On the 5th day of February, 1910, the petitioner applied to this court for an order of supersedeas staying the execution of said sentence pending his…
2Cases cited6 opinions
- Ex parte VollCalifornia Supreme Court · 1871
- Ex parte McCrarySupreme Court of Alabama · 1853
- Ex parte DusenberrySupreme Court of Missouri · 1888
- In re PerryWisconsin Supreme Court · 1865
- Ex parte FortenberryMississippi Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wiglesworth v. WyrickSupreme Court of Missouri · 1976
- Re WelischArizona Supreme Court · 1917
- State v. WassillieAlaska Supreme Court · 1980
- City of Sioux Falls v. MarshallSouth Dakota Supreme Court · 1925
- Ex Parte CareySupreme Court of Missouri · 1924
12 more not listed; retrieve them via the Exa API.