Legal Opinion

State v. Logan

Supreme Court of Missouri

Decided November 20, 1894PublishedCited by 9 opinions

Appeal from St. Louis Criminal Court. — Hon. H. L„ Edmunds, Judge. (1) The trial court erred in refusing to sign the bill of exceptions. People v. Genet, 59 N. Y. 80, is not applicable, for in that case no appeal had been granted, the escape having occurred before sentence.

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Appeal from St. Louis Criminal Court. — Hon. H. L„ Edmunds, Judge. (1) The trial court erred in refusing to sign the bill of exceptions. People v. Genet, 59 N. Y. 80, is not applicable, for in that case no appeal had been granted, the escape having occurred before sentence. (2) The practice of this and other courts has been to make an order that unless the fugitive returns and submits himself to the jurisdiction of the -court within a certain time, and thus purge himself of the contempt, his appeal would be dismissed, or other right denied him, etc. State v. Carter, 98 Mo. 431; Smith v. XT.…

1Opinion of the CourtSherwood, J.

Convicted of burglary in the first degree and of larceny, at the July term, 1891, of the St. Louis criminal court, and sentenced to ten years imprisonment in the penitentiary, defendant appealed to this court and was granted until the last day of the October term, 1891, in which to file his bill of exceptions, the record reciting that the bill of exceptions when so filed, should have the same force and effect as if filed at the present July term.

The bill it seems was indorsed “filed”- by the clerk, as shown by his memorandum made by the clerk to that effect duly signed by him and bearing the…

2Cases cited8 opinions

  1. Smith v. United StatesSupreme Court of the United States · 1876
  2. Garth v. CaldwellSupreme Court of Missouri · 1880
  3. People of the State of N.Y. v. . GenetNew York Court of Appeals · 1874
  4. Exchange National Bank v. AllenSupreme Court of Missouri · 1878
  5. State v. CarterSupreme Court of Missouri · 1889

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3Cited by9 opinions

  1. Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
  2. Sinclair v. StateMissouri Court of Appeals · 1986
  3. State v. KearnsMissouri Court of Appeals · 1987
  4. Larry Wayne v. Donald W. Wyrick, Warden, Missouri State Penitentiary, and John D. Ashcroft, Attorney General of MissouriCourt of Appeals for the Eighth Circuit · 1981
  5. Wilson v. DarrowSupreme Court of Missouri · 1909

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