Legal Opinion

State v. Brennan

Supreme Court of Missouri

Decided November 12, 1901PublishedCited by 16 opinions

Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Everyone has a right to demand that he be governed by general rules, and a special statute which, without his consent, singles his case out as one to be governed by a different law from that which is applied in all similar cases, and which permits a private prosecution to come into court, demand a special jury in a criminal case, and deposit $15 for the payment thereof, is not legitimate or…

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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Everyone has a right to demand that he be governed by general rules, and a special statute which, without his consent, singles his case out as one to be governed by a different law from that which is applied in all similar cases, and which permits a private prosecution to come into court, demand a special jury in a criminal case, and deposit $15 for the payment thereof, is not legitimate or constitutional legislation, but is. such an arbitrary mandate as is not within the province of free governments. Cooley Const. Lim.,…

1Opinion of the CourtGantt, J.

— At the October term, 1900, of the St. Louis City Circuit Court,the defendant was indicted for willfully and *494maliciously tearing up and removing a portion of the track of the St. Louis Transit Company,- a railroad corporation, organized under the laws of this State and owning and operating a track and cars thereon known as the Olive street line in said city.

The indictment is drawn to state a crime under section 1953, Revised Statutes 1899. It charges every fact essential to the perpetration of the ofíense denounced by the statute, and is sufficient. [State v. Johns, 124 Mo. 319.]

The…

2Cases cited15 opinions

  1. State v. PattersonSupreme Court of Missouri · 1881
  2. Burton v. StateSupreme Court of Alabama · 1894
  3. Redd v. StateSupreme Court of Alabama · 1881
  4. State v. FoleySupreme Court of Missouri · 1898
  5. State v. GriffinSupreme Court of Missouri · 1889

10 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. McGeeSupreme Court of Missouri · 1935
  2. State v. RuckSupreme Court of Missouri · 1906
  3. State v. ChurchSupreme Court of Missouri · 1906
  4. State v. GibilterraSupreme Court of Missouri · 1938
  5. Sams v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903

11 more not listed; retrieve them via the Exa API.

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