State ex rel. Graves v. Primm
Supreme Court of Missouri
Mandamus to St. Louis Criminal Court. I. The judgment entered was neither in form or in fact a nolle prosequi, but one “ setting aside ” the indictment. (See 2 Bonv. L. D., 231; 6 Mod., 261; 2 Mass., 172.) And nolle prosequi being ordered, it was the power and duty of the court to amend the record, so as to conform to the facts. (Priest vs. McMaster, 52 Mo., 60; State vs. Clark, 18 Mo., 434; 45 Mo., 571.) II.
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Mandamus to St. Louis Criminal Court. I. The judgment entered was neither in form or in fact a nolle prosequi, but one “ setting aside ” the indictment. (See 2 Bonv. L. D., 231; 6 Mod., 261; 2 Mass., 172.) And nolle prosequi being ordered, it was the power and duty of the court to amend the record, so as to conform to the facts. (Priest vs. McMaster, 52 Mo., 60; State vs. Clark, 18 Mo., 434; 45 Mo., 571.) II. The accused having exhausted his remedy in the criminal court, and having no other remedy, is entitled to mandamus. (Williams vs. Cooper Co. Ct., 27Mo., 225 ; State, ex rel. Hixon, vs.…
1Opinion of the Court
Wagner, Judge,
delivered the opinion of the court..The relator asks this court to issue a writ of peremptory mandamus to compel the judge of the St. Louis criminal court to amend the records of that court. He states that at the January term, 1873, of the court, an indictment was found against him by the grand jury, charging him with having obtained money uuder false pretenses from one Bireher, in May, 1S70 ; that the'indictment was filed in the criminal court on the 17th day of January, 1873, and on the 18th of July, 1873, the case was set for trial, at which time the relator appeared and…
2Cases cited3 opinions
- Gibson v. HeirsSupreme Court of Missouri · 1869
- State v. LopezSupreme Court of Missouri · 1853
- Priest v. McMasterSupreme Court of Missouri · 1873
3Cited by31 opinions
- Woodworth v. MillsWisconsin Supreme Court · 1884
- Exchange National Bank v. AllenSupreme Court of Missouri · 1878
- State v. BilboaIdaho Supreme Court · 1923
- State v. LononSupreme Court of Missouri · 1932
- State v. RhodesNew Mexico Supreme Court · 1967
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