State v. Rudolph
Supreme Court of Missouri
Appeal from Franklin Circuit Court . — Hon. Wm. A. Davidson, Judge. (1) As one of the principles of the Federal Constitution which was guaranteed to the inhabitants of the Louisiana Territory, was that no person should be held to answer for a capital or otherwise infamous crime, except by presentment or indictment of a' grand jury, the amendment to the Constitution of Missouri giving the prosecuting attorney power to issue informations in felony cases, is in conflict with…
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Appeal from Franklin Circuit Court . — Hon. Wm. A. Davidson, Judge. (1) As one of the principles of the Federal Constitution which was guaranteed to the inhabitants of the Louisiana Territory, was that no person should be held to answer for a capital or otherwise infamous crime, except by presentment or indictment of a' grand jury, the amendment to the Constitution of Missouri giving the prosecuting attorney power to issue informations in felony cases, is in conflict with the fifth amendment to the Constitution of the United States, by reason of the third article of the treaty of cession…
1Opinion of the Court
FOX, J. —
“On the sixteenth day of February, 1904, there was filed in the office of the clerk of the circuit court of Franklin county, Missouri, .the affidavit of O. L. Vedder, charging the defendant, William Rudolph, alias William Anderson, with having murdered Charles J. Schumacher on the twenty-fourth day of January, 1903. Afterwards, and on the same day, the prosecuting attorney filed his information, based on said affidavit, formally charging., the defendant with murder.”
Appellant, by motion to quash duly filed, challenged the validity of the information, which motion was by the court…
2Cases cited8 opinions
- People v. . MolineuxNew York Court of Appeals · 1901
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Barron Ex Rel. Tiernan v. Mayor of BaltimoreSupreme Court of the United States · 1833
- Hodgson v. VermontSupreme Court of the United States · 1897
- State v. WintzingerodeOregon Supreme Court · 1881
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3Cited by17 opinions
- State v. McKeeverSupreme Court of Missouri · 1936
- State v. CaseyOregon Supreme Court · 1923
- Hall v. StateIndiana Supreme Court · 1928
- State v. BooneSupreme Court of Missouri · 1946
- State v. BaileySupreme Court of Missouri · 1905
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