Legal Opinion

State ex rel. Miller v. Daily

Supreme Court of Missouri

Decided October 15, 1869PublishedCited by 7 opinions

Appeal from St. Louis Criminal Court. cited People v. Rockwell, 2 Scammon, 3 ; People v. Harlem, 29 Ill. 43 ; Knapp y. Lambert, 3 Gray, 377; Purdy v. Peters, 23 How. 328; 15 Abb. Prac. 160; Gardner y. Gardner, 2 Gray, 434; Carpenter v. People, 3 Gilman, Ill., 147 ; Sans v. People, id. 338 ; King v. Pry, 1 Leach’s Crim. Cas. 129 ; 1 Chit. Crina. Law, 482 ; Rex y. Clark, 3 Burrows, 1308 ; Hullock’s Law of Costs, § 220, n. 1.)

1Opinion of the CourtBliss, Judge

The relator was convicted of a felony in the St. Louis Criminal Court, appeals to this court, and the clerk refuses to send up a transcript. To an alternative writ, directing him to make out, certify, and return a transcript of the record as required by law, he replies that he has made it out, certified it, and has offered to return it to this court upon payment by the relator of the fees due for making it, which he refuses to do.

Having given an opinion adverse to the claim of the clerk, we are asked to review it, and have given the matter new consideration. An appeal and supersedeas was…

2Cases cited1 opinion

  1. Board of Commissioners v. BlakeIndiana Supreme Court · 1863

3Cited by7 opinions

  1. State ex rel. Martin v. WoffordSupreme Court of Missouri · 1894
  2. State ex rel. LaRue v. HitchcockMissouri Court of Appeals · 1913
  3. State v. ArmstrongSupreme Court of Missouri · 1870
  4. State Ex Rel. Lashley v. IttnerSupreme Court of Missouri · 1926
  5. State v. CaldwellMissouri Court of Appeals · 1886

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