State v. Wetherford
Supreme Court of Missouri
Error to Benton Circuit Court. Henderson Wetherford and Clemsey Wetherford were jointly indicted in the Morgan circuit court at the March term, 1852, for a felonious assault upon one Cline, with intent to kill. After several continuances, at the April term, 1854, Clemsey Wetherford failing to appear, a forfeiture of her recognizance was taken.
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Error to Benton Circuit Court. Henderson Wetherford and Clemsey Wetherford were jointly indicted in the Morgan circuit court at the March term, 1852, for a felonious assault upon one Cline, with intent to kill. After several continuances, at the April term, 1854, Clemsey Wetherford failing to appear, a forfeiture of her recognizance was taken. At the October term, 1854, Henderson Wetherford filed the following petition for a change of venue: “ To the Honorable the Circuit Court within and for Morgan county, and state of Missouri: Your petitioner, Henderson Wetherford, would respectfully state…
1Opinion of the CourtRtland, Judge
The venue in this case, so far as regards the defendant Clemsey Wetherford, was improperly changed from Morgan circuit court to the Benton county circuit court. Clemsey Wetherford did not petition for the change — took no steps to have it ordered, and the circuit court of Benton county had no jurisdiction over the case, so far as it relates to her.
The judgment of that court then discharging the defendant Clemsey from the indictment was improper, and it must be reversed. The judge of the Benton circuit court should have remanded the case so far as the defendant Clem-sey was concerned, to the…
2Cited by3 opinions
- Shular v. StateIndiana Supreme Court · 1886
- State v. GreerSupreme Court of Missouri · 1928
- Krebs v. StateCourt of Appeals of Texas · 1880