Legal Opinion

State v. McO'Blenis

Supreme Court of Missouri

Decided March 15, 1855PublishedCited by 13 opinions

Error to St. Louis Criminal Court. At the June term, 1852, of the St. Louis Criminal Court, McO’Blenis and fourteen others were jointly indicted for riot. At the January term, 1853, trial was had, which resulted in the conviction of McO’Blenis, McBride, and five other of the defendants, and a fine for different amounts was assessed against each.

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Error to St. Louis Criminal Court. At the June term, 1852, of the St. Louis Criminal Court, McO’Blenis and fourteen others were jointly indicted for riot. At the January term, 1853, trial was had, which resulted in the conviction of McO’Blenis, McBride, and five other of the defendants, and a fine for different amounts was assessed against each. The defendants, McO’Blenis and McBride, filed their motion for a new trial, which was overruled, and they prayed an appeal to the Supreme Court. The appeal was granted, with stay of proceedings, and on motion, time was given the defendants until the…

1Opinion of the CourtScott, Judge

1. The records present us with two cases for our revision. The one contains the original case against O’Blenis on an indictment for a riot, and the other, a case growing out of the first, on a motion to retax the costs.

We will notice these in their order. When the appeal was granted to O’Blenis, on the 26th of February, 1853, and a stay of proceedings ordered, that the opinion of the Supreme Court might be taken, it appears that on motion, time was given him till the next term of the court to file his bill of exceptions. We consider that the court had no authority to make this order, without…

2Cited by13 opinions

  1. Arnold v. StateWyoming Supreme Court · 1957
  2. Chouquette v. BaradaSupreme Court of Missouri · 1859
  3. Ex Parte MannCourt of Criminal Appeals of Texas · 1898
  4. State v. JacobsonSupreme Court of Missouri · 1941
  5. In re BoydSupreme Court of Kansas · 1886

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