State v. Gates
Supreme Court of Missouri
Jippeal from Camden Circuit Court. Gates was indicted at the October term term, 1848, of the Morgan Circuit Court, for attempting to deter a witness from giving evidence upon an indictment against him for perjury. At the April term, 1849, on account of the alleged prejudice of the judge, a change of venue was awarded to the Renton Circuit Court. A trial was had and the defendant convicted. He appealed to the Supreme Court and the case was reversed and remanded.
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Jippeal from Camden Circuit Court. Gates was indicted at the October term term, 1848, of the Morgan Circuit Court, for attempting to deter a witness from giving evidence upon an indictment against him for perjury. At the April term, 1849, on account of the alleged prejudice of the judge, a change of venue was awarded to the Renton Circuit Court. A trial was had and the defendant convicted. He appealed to the Supreme Court and the case was reversed and remanded. In 1851, the cause was sent to Camden county by order of the court, because the then judge of the Benton Circuit Court had been…
1Opinion of the CourtRyland, Judge
The questions for our consideration arise upon the rulings of the court below, 1, in refusing to sustain the defendant’s motion to strike the cause from the docket, and remand the same to the Benton Circuit Court; 2, in permitting the circuit attorney to read in evidence the transcript of the record from the Benton Circuit Court; 3, in giving the second instruction for the State, which instruction will be inserted in this opinion hereafter.
The first question involves the authority of the Benton Circuit Court to change the venue in this case.
1. The defendant was indicted in the Morgan Circuit…
2Cases cited1 opinion
- Jim v. StateSupreme Court of Missouri · 1832
3Cited by7 opinions
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- State Ex Rel. Johnson v. GreenSupreme Court of Missouri · 1970
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