State v. Proctor
Supreme Court of Missouri
Appeal from, Monroe Circuit Court. — Hon. Theo. Brace, Judge. The objection to the introduction of evidence made by the defendant, ought to have been sustained, inasmuch as the defendant was indicted for obstructons to a public road, in April, 1883, under the law as it stood in the revision of 1879. . This law was repealed in 1883. See Session Acts, 1883, p. 170, sec. 60. A pending prosecution upon a bill of indictment falls with a repeal of the law, the latter having no…
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Appeal from, Monroe Circuit Court. — Hon. Theo. Brace, Judge. The objection to the introduction of evidence made by the defendant, ought to have been sustained, inasmuch as the defendant was indicted for obstructons to a public road, in April, 1883, under the law as it stood in the revision of 1879. . This law was repealed in 1883. See Session Acts, 1883, p. 170, sec. 60. A pending prosecution upon a bill of indictment falls with a repeal of the law, the latter having no saving clause as respects penalties -incurred for past offences. United States v. Hague (Dist. Ct. W. D. Pa.), 22 Fed. Rep.…
1Opinion of the Court
Norton, J. —
Defendant was tried in the circuit court of Monroe county and convicted and fined twenty dollars under an indictment charging him with obstructing a public road in said county. Prom this judgment he has appealed, and insists by his counsel that, inasmuch as defendant was indicted in April, 1883, under the law as it stood in the revision of 1879, and inasmuch as the law of 1879 was repealed by an act of the legislature in 1883 (Acts of 1883, p. 170, sec. 60), having no-saving clause as respects penalties for past offences, that for that reason the court erred in overruling his…
2Cases cited2 opinions
- State v. WaltersSupreme Court of Missouri · 1879
- State v. WellsSupreme Court of Missouri · 1879
3Cited by7 opinions
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Ex Parte WilsonSupreme Court of Missouri · 1932
- Bauman v. BoeckelerSupreme Court of Missouri · 1893
- State v. BradleyMissouri Court of Appeals · 1888
- State v. BaldridgeMissouri Court of Appeals · 1893
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