State v. Bulling
Supreme Court of Missouri
Appeal from Andrew Circuit Court.— Hon. C. A. Anthony, Judge. (1) The order of the regular judge, of December 4. 1889, for the election of a special judge to try the case and pass on the application for a change of venue was a nullity and void.
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Appeal from Andrew Circuit Court.— Hon. C. A. Anthony, Judge. (1) The order of the regular judge, of December 4. 1889, for the election of a special judge to try the case and pass on the application for a change of venue was a nullity and void. R. S. 1889, sec. 4176; Lacy v. Barrett, 75 Mo. 469. (2) The election of Judge Joseph P. Grubb as special judge, in pursuance of the said order of December 4, 1889, was a nullity and void, and did not legally invest him with, judicial power and authority, and he consequently could not grant a change of venue in the case. Lacy v. Barrett, 75 Mo. 469. (3)…
1Opinion of the CourtSherwood, C. J.
For the reasons given in State v. Jackson, ante, p. 196, we approve the judgment of division number 2 of this court. All concur.
*208DIVISION TWO.
Thomas, J.
The defendant was indicted in the criminal court of Buchanan county at its March term, 1888, for the murder of his wife, Flora Bulling. At the same term he filed an application for a change of venue from the county on account of the prejudice of the inhabitants thereof, and also an affidavit supported by two witnesses that the judge was so prejudiced against him that he would not impartially decide his application for a change of venue. The…
2Cases cited14 opinions
- State v. PattersonSupreme Court of Missouri · 1881
- State v. PagelsSupreme Court of Missouri · 1887
- State v. HopperSupreme Court of Missouri · 1880
- State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
- State v. EllisSupreme Court of Missouri · 1881
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3Cited by20 opinions
- State v. AverySupreme Court of Missouri · 1893
- State v. PattonSupreme Court of North Carolina · 1963
- Powell v. . TurpinSupreme Court of North Carolina · 1944
- State v. GartrellMissouri Court of Appeals · 1903
- State v. SansoneSupreme Court of Missouri · 1893
15 more not listed; retrieve them via the Exa API.