State v. Downs
Supreme Court of Missouri
Appeal from St. Erancois Circuit Court. — Hon. D. L. Rivers, ■ Special Judge. (1) There was no statutory authority in the circumstances for the election of a special judge, and hence the court was without jurisdiction to try said cause. R. S. 1899, sec. 2595. (2) The record fails to show that the election as made was approved by the court, and hence the election was incomplete, and the sitting judge had no jurisdiction.
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Appeal from St. Erancois Circuit Court. — Hon. D. L. Rivers, ■ Special Judge. (1) There was no statutory authority in the circumstances for the election of a special judge, and hence the court was without jurisdiction to try said cause. R. S. 1899, sec. 2595. (2) The record fails to show that the election as made was approved by the court, and hence the election was incomplete, and the sitting judge had no jurisdiction. (3) The election under this section must be made by the defendant himself and can not be made by his attorneys. (1) The written agreement fails to state what section was…
1Opinion of the CourtGantt, J.
— Tbe defendant was indicted for robbery, in tbe circuit court of St. Eraneois county. Being a poor person the court appointed counsel to conduct bis defense. An appli cation for continuance was filed and tbe cause set for December 10, 1900.
Tbe record in tbis case then shows that on tbe thirtieth day of November, 1900, tbe following order was made of record:
“State of Missouri, Plaintiff,
“v.
“Arch Downs, Defendant.
“Indictment for robbery, first degree.
“Tbe regular judge of tbis court, James D. Eox, having received physical injuries, is hereby unable to preside and try this cause and by reason…
2Cases cited2 opinions
- Ohlquest v. Farwell & Co.Supreme Court of Iowa · 1887
- Citizens' National Bank v. GrahamSupreme Court of Missouri · 1898
3Cited by4 opinions
- State v. CraneSupreme Court of Missouri · 1907
- Autenrieth v. SchaffSupreme Court of Missouri · 1917
- State v. GilhamMissouri Court of Appeals · 1902
- State v. McLainSupreme Court of Missouri · 1929