State v. Billings
Supreme Court of Missouri
Appeal from Bollinger Circuit Cowrt. — Hon. James D. Fox, Judge. (1) Appellant’s motion for discharge filed September 14, 1896, and also the one filed March 14, of the preceding term, ought to have been sustained. These were the elapsed and existing terms without trial. Four terms held and no trial. There was neither cause nor grounds for the delay.
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Appeal from Bollinger Circuit Cowrt. — Hon. James D. Fox, Judge. (1) Appellant’s motion for discharge filed September 14, 1896, and also the one filed March 14, of the preceding term, ought to have been sustained. These were the elapsed and existing terms without trial. Four terms held and no trial. There was neither cause nor grounds for the delay. This was not the ‘‘speedy trial” prescribed by the Constitution, and fixed by sections 4222, 4223, and 4224, Revised Statutes of Missouri 1889. Defendant was in the jails all the time. The plea in abatement ought to have been sustained. (2) The…
1Opinion of the CourtGantt, P. J.
From a conviction of murder in the second degree in the circuit court of Bollinger county, defendant has appealed.
The evidence tends to prove that on the twenty-fifth day of August, 1894, the defendant and William H. Smith were in a restaurant kept by one Jesse Lutes in the town of Lutesville; that a wordy altercation took place between them; that deceased had an ordinary barlow knife in his hand which he was using in cutting some cheese which he was eating. Defendant arose, and went out into the street or space in .front of the *198restaurant. It was a dark, cloudy and rainy night. After…
2Cases cited11 opinions
- State v. PattersonSupreme Court of Missouri · 1881
- State v. RossSupreme Court of Missouri · 1859
- Ex parte SlaterSupreme Court of Missouri · 1880
- State v. JefforsSupreme Court of Missouri · 1877
- State v. EatonSupreme Court of Missouri · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- State v. StogsdillSupreme Court of Missouri · 1929
- State v. HarperSupreme Court of Missouri · 1971
- Ex Parte Clyde MeadowsCourt of Criminal Appeals of Oklahoma · 1941
- State v. KinneSupreme Court of Missouri · 1963
- Young v. PeopleSupreme Court of Colorado · 1913
26 more not listed; retrieve them via the Exa API.