State v. Hamey
Supreme Court of Missouri
Appeal from Buchanan Criminal Court. — Hon. B. J. Casteel, J udge. (.1) Tbe indictment is bad for tbe reason that section 1838, Eevised Statutes 1899, upon which it is based, is unconstitutional in that it deprives the accused of the right of trial by jury, as guaranteed by section 28, article 2, Constitution of Missouri.
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Appeal from Buchanan Criminal Court. — Hon. B. J. Casteel, J udge. (.1) Tbe indictment is bad for tbe reason that section 1838, Eevised Statutes 1899, upon which it is based, is unconstitutional in that it deprives the accused of the right of trial by jury, as guaranteed by section 28, article 2, Constitution of Missouri. The right of trial by jury at common law meant that one part of the jury’s duty was to return into court a verdict, if they found defendant guilty, assessing his punishment as provided by law, or a general verdict of guilty, and thereupon the conrt fixed his punishment.…
1Opinion of the CourtGantt, J.
— The defendant was indicted in the criminal court of Buchanan county for a violation of section 1838, Be-vised Statutes 1899, which was enacted April 8, 1895. [Laws 1895, p. 149.]
That act provides that “if any person over the age of sixteen years shall have carnal knowledge of any unmamed female, of previously chaste character, between the ages of fourteen and eighteen years of age, he shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary for a term of two years, or by a fine of not less than one hundred dollars nor more than five…
2Cases cited43 opinions
- Swart v. KimballMichigan Supreme Court · 1880
- Miller v. StateIndiana Supreme Court · 1898
- People ex rel. Bradley v. Illinois State ReformatoryIllinois Supreme Court · 1894
- George v. PeopleIllinois Supreme Court · 1897
- Ex parte SlaterSupreme Court of Missouri · 1880
38 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- State v. NewlonSupreme Court of Missouri · 1982
- State v. GriffinSupreme Court of Missouri · 1988
- State v. Celis-GarciaSupreme Court of Missouri · 2011
- Bullard v. StateCourt of Criminal Appeals of Texas · 1977
- State v. HadleySupreme Court of Missouri · 1991
57 more not listed; retrieve them via the Exa API.