State v. Callaway
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John A. Tally, Judge. (1) Division No. 8 of tbe circuit court of tbe city of St. Louis, Mo., bad jurisdiction of tbe case. Tbe record affirmatively shows tbat tbe court in No. 8 did not pass on the plea to tbe jurisdiction until tbe transcript from division No. 9, together with all the original papers were filed in No. 8. This being so, it disposes of the question.
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Appeal from St. Louis City Circuit Court. — Hon. John A. Tally, Judge. (1) Division No. 8 of tbe circuit court of tbe city of St. Louis, Mo., bad jurisdiction of tbe case. Tbe record affirmatively shows tbat tbe court in No. 8 did not pass on the plea to tbe jurisdiction until tbe transcript from division No. 9, together with all the original papers were filed in No. 8. This being so, it disposes of the question. (2) In a change of venue in a criminal ease, tbe original indictment should be retained in tbe office of tbe clerk and a copy only should be included in tbe transcript. Euby v.…
1Opinion of the CourtSherwood, J.
The murder of his wife and his conviction and sentence therefor, cause this appeal by defendant.
Before proceeding to discuss the cause on its merits necessity exists that disposition be made of some matters preliminary to the main issue. And in this discussion, prefatory and otherwise, it is proper to say that no counsel appeared in this court on behalf of defendant, and that though counsel were granted one month’s time in which to prepare a brief, none-has been filed. We -are left, therefore, to the record alone to determine whether error is to be found therein, and so we will examine the…
2Cases cited5 opinions
- State v. HolmeSupreme Court of Missouri · 1873
- State v. AndersonSupreme Court of Missouri · 1888
- Helfenstein v. MedartSupreme Court of Missouri · 1896
- Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
- Graves v. HyattTennessee Supreme Court · 1858
3Cited by9 opinions
- Porter v. StateIndiana Supreme Court · 1910
- State v. WagnerSupreme Court of Missouri · 1925
- State v. McDonaldSupreme Court of Missouri · 1938
- State v. DeshonSupreme Court of Missouri · 1934
- State v. LovellSupreme Court of Missouri · 1911
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