In re Clark
Missouri Court of Appeals
By the Habeas Corpus Act. It appears from petition and return that petitioner was convicted without a hearing. The petition alleges that petitioner wTas denied a hearing and the judgment fails to recite a hearing. Every valid judgment recites a hearing and the validity of the commitment depends entirely upon the judgment. There can he no commitment without a valid judgment.
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By the Habeas Corpus Act. It appears from petition and return that petitioner was convicted without a hearing. The petition alleges that petitioner wTas denied a hearing and the judgment fails to recite a hearing. Every valid judgment recites a hearing and the validity of the commitment depends entirely upon the judgment. There can he no commitment without a valid judgment. Ex parte Arnold, 128 Mo. 256; Ex parte O’Brien, 127 Mo. 477; People v. Oassels, 5 Hill, 164. (1) There is no question but what a court of record has authority to punish summarily for con-tempts committed within its…
1Opinion of the CourtBland, P. J.
On Friday, May 10, 1907, the following proceedings were had in Division No. 11, of the circuit court of the city of St. Louis:
“State of Missouri, Plaintiff, v. August Wilkins, Defendant; Willis H. Clark (Attorney for defendant), Despondent.
“No. 44 to the April Term, 1907.
“Whereas, the above cause wherein the State of Missouri is plaintiff and Augnst Wilkins is defendant, pending in Division No. eleven of the circuit court of the city of St. Louis, was set for trial in said court on Monday, May the sixth (6th), 1907, the respondent, Willis H. Clark, a member of the Bar of the city of St. Louis…
2Cases cited5 opinions
- People v. WilsonIllinois Supreme Court · 1872
- State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
- Ex parte O'BrienSupreme Court of Missouri · 1895
- Ex parte GoodinSupreme Court of Missouri · 1878
- Ex parte RenshawMissouri Court of Appeals · 1879
3Cited by6 opinions
- Pueblo v. SusoniSupreme Court of Puerto Rico · 1959
- Albano v. CommonwealthMassachusetts Supreme Judicial Court · 1944
- Traders & General Ins. Co. v. KeaheyCourt of Appeals of Texas · 1938
- Asadoorian, for Writ of Habeas CorpusSupreme Court of Rhode Island · 1926
- Bonney v. BonneyAppellate Court of Illinois · 1909
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