State v. Gilham
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction.— Hon. John W. McElhinney, Special Judge. Judge McElhinney had no jurisdiction to try this cause, and any judgment entered under' his supervision has no more validity than one rendered in a moot court of any. law school.
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Appeal from St. Louis Court of Criminal Correction.— Hon. John W. McElhinney, Special Judge. Judge McElhinney had no jurisdiction to try this cause, and any judgment entered under' his supervision has no more validity than one rendered in a moot court of any. law school. Section 2597, R. S.' 1899; State v. Shipman, 93 Mo. 157; State v. Bulling, 105 Mo. •204. The only proposition seriously contended for by appellant in his brief is that Judge McElhinney was not invested with jurisdiction to try the cause; ,and appellant cites nine Missouri cases, not a single one of •which is in point or…
1Opinion of the CourtGoode, J.
— On December 5, 1900, an information was filed against the appellant in the St. Louis Court of Criminal Correction charging hinnwith a erimnal offense. Subsequently an amended information was filed. On the said fifth day of December, the date of the filing of the first information, Honorable Willis H. Clark, the regular judge of said court, voluntarily disqualifying himself to try the cause against the appellant and called in Judge E. M. Hughes of the Eleventh judicial circuit to try it. As Judge Hughes failed and refused to sit, Judge Clark called in Judge Neville of the Twenty-third…
Also in this document: Concurrence.
2Cases cited11 opinions
- State v. WearSupreme Court of Missouri · 1898
- State v. SilvaSupreme Court of Missouri · 1895
- State v. HudspethSupreme Court of Missouri · 1900
- City of Cape Girardeau v. HouckSupreme Court of Missouri · 1895
- State ex rel. Herriford v. McKeeSupreme Court of Missouri · 1899
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3Cited by3 opinions
- Paris Manufacturing & Importing Co. v. CarleMissouri Court of Appeals · 1906
- Lauffer v. SmithSupreme Court of Missouri · 1935
- Outcult Advertising Co. v. BarnesMissouri Court of Appeals · 1914