State v. Hosmer
Supreme Court of Missouri
Appeal from Webster Circuit Court.—P. M. Mansfield* Esq., Special Judge. (1) The court had no jurisdiction to order the election of a special judge. (2) The record should show the facts necessary to authorize the election of a special judge under the statute. State v. St. Louis, 1 Mo. App. 503; McCoy v. Zane, 65 Mo. 11; Smith n. Haworth, 53 Mo. 88; Schell v. Leland, 45 Mo. 289 ; Wood v. Boots, 60-Mo. 546; Kansas r.
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Appeal from Webster Circuit Court.—P. M. Mansfield* Esq., Special Judge. (1) The court had no jurisdiction to order the election of a special judge. (2) The record should show the facts necessary to authorize the election of a special judge under the statute. State v. St. Louis, 1 Mo. App. 503; McCoy v. Zane, 65 Mo. 11; Smith n. Haworth, 53 Mo. 88; Schell v. Leland, 45 Mo. 289 ; Wood v. Boots, 60-Mo. 546; Kansas r. Campbell, 62 Mo. 585 ; Ellis v. By., 51 Mo. 200. (3) The court below erred in accepting the juror Love. (4) The court also erred in refusing to give for defendant the instruction…
1Opinion of the Court
Heney, O. J.
This is an information filed by the prosecuting attorney of Webster county, in this state, against defendant for publishing an alleged libel. The-cause was tried before P. M. Mansfield, as special judge-Defendant was convicted, and has appealed to this court. The entry of record, in relation to the election' of a-special judge, is as follows :
“State oe Missottei
v.
£ £ Edmund Hosmeb.
“Now, at this day, comes the prosecuting attorney,, etc., and also the defendant in his own proper person, and by attorney, and, the judge being disqualified from sitting in this case, and a special…
2Cited by11 opinions
- State v. BurpeeSupreme Court of Vermont · 1892
- State v. HuettSupreme Court of Missouri · 1937
- State v. ArmstrongSupreme Court of Missouri · 1891
- Byrd v. BrownMissouri Court of Appeals · 1981
- State v. GambleSupreme Court of Missouri · 1891
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