Legal Opinion

State v. Saunders

Supreme Court of Missouri

Decided July 8, 1921PublishedCited by 36 opinions

Appeal from Livingston Circuit Court. — IIon. Arch B. Davis, Judge. . (1) The court erred in forcing defendant to trial before his sentence in Iowa had expired. There is no law in any civilized county allowing the Governor to lend a person to another government to be tried for a crime and yet retaining custody of the person and requiring the other government to return the prisoner if it fails to convict him.

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Appeal from Livingston Circuit Court. — IIon. Arch B. Davis, Judge. . (1) The court erred in forcing defendant to trial before his sentence in Iowa had expired. There is no law in any civilized county allowing the Governor to lend a person to another government to be tried for a crime and yet retaining custody of the person and requiring the other government to return the prisoner if it fails to convict him. The court should have postponed the' trail until the termination of his sentence in the State of Iowa. State v. Buck, 120 Mo. 479. (2) The court sustained the objection of defendant as to…

1Opinion of the CourtWalker, J.

The appellant was charged by information in the Circuit Court of Livingston County, with larceny in the night time, in having stolen from the premises of their owners certain domestic fowls, in violation of Section 3314, Revised Statutes 1919. Upon a trial, he was convicted and his punishment assessed at five years’ imprisonment in the penitentiary. From this judgment he appeals.

The appellant resided in that part of Chillicothe, known as Graysville; in the immediate neighborhood lived one Loney, an acquaintance and associate of the appellant. On the night of August 7, 1917, appellant came to…

Also in this document: Concurrence.

2Cases cited21 opinions

  1. Roberts v. ReillySupreme Court of the United States · 1885
  2. The People v. . PetreaNew York Court of Appeals · 1883
  3. Hallinger v. DavisSupreme Court of the United States · 1892
  4. State v. SpraySupreme Court of Missouri · 1903
  5. H. W. Gossard Co. v. CrosbySupreme Court of Iowa · 1906

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3Cited by36 opinions

  1. People Ex Rel. Barrett v. BartleyIllinois Supreme Court · 1943
  2. Jones v. RaybornCourt of Appeals of Kentucky (pre-1976) · 1961
  3. State v. BuxtonSupreme Court of Missouri · 1929
  4. Ex Parte GuyCourt of Criminal Appeals of Oklahoma · 1928
  5. Ex Parte YoustlerCourt of Criminal Appeals of Oklahoma · 1928

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