State v. Kingsley
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction. Hon. Jas. R. Claiborne, Judge. The act of the legislature under which defendant was prosecuted is unconstitutional and void. First. Because it is in conflict with section 22 of article 2, constitution of Missouri, and denies defendant a trial-by jury as contemplated by said section.
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Appeal from St. Louis Court of Criminal Correction. Hon. Jas. R. Claiborne, Judge. The act of the legislature under which defendant was prosecuted is unconstitutional and void. First. Because it is in conflict with section 22 of article 2, constitution of Missouri, and denies defendant a trial-by jury as contemplated by said section. Potter’s Dwarris, pp. 437, 469 ; Wynehamer v. People, 13 N. Y. 378; 2 Story on Const. [4 Ed.] sec. 1943. The legislature has no power to pass any act by which the defendant could be deprived of her liberty without a trial, according to the course of the common…
1Opinion of the CourtThomas, J.
Defendant was sentenced by the St. Louis court of criminal correction to.ten days’ imprisonment in the jail of the city of St. Louis, for obtaining board at the Southern Hotel in that city by means of a trick, etc., and failing to pay for the same. A constitutional question was raised, and, hence, defendant *138brings her case to this court, instead of the St. Louis court of appeals for review.
I. The contention is that the act of the last general assembly (Sess. Acts, 1891, p. 159), entitled “ An act to protect hotel and innkeepers,” is unconstitutional: “ First. Because it is in conflict with…
2Cases cited5 opinions
- State v. BurgdoerferSupreme Court of Missouri · 1891
- State v. EversSupreme Court of Missouri · 1872
- State v. DeLaySupreme Court of Missouri · 1887
- State v. HurleySupreme Judicial Court of Maine · 1867
- State v. DaySupreme Judicial Court of Maine · 1854
3Cited by8 opinions
- State v. BeachIndiana Supreme Court · 1897
- State v. BuckSupreme Court of Missouri · 1894
- Ex parte WoodwardSupreme Court of Alabama · 1913
- State v. PettySupreme Court of Missouri · 1894
- People v. Klas, New York County Courts1913
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