State v. Gillham
Supreme Court of Missouri
Transferred from St. Lonis Court of Appeals. 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.
Read the full summary
Transferred from St. Lonis Court of Appeals. 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. Sec. 2597, R. S. 1899; State v. Shipman, 93 Mo. 157 ; State v. Bulling, 105 Mo. 204; Ex parte Bedard, 106 Mo. 616; State v. Silva, 130 Mo. 457; State v. Hudspeth, 159 Mo. 210; State ex rel. v. Flournoy, 160 Mo. 332; State v. Goddard, 102 Mo. 221; State v: Downs, 164 Mo. 471; Cunningham v. Railroad, 165 Mo. 270; State ex rel. v. Perkins, 139 Mo. 106; State ex inf. v. Lund,…
1Opinion of the CourtFox, J.
This cause originated in the St. Louis Court of Criminal Correction. The defendant was convicted and from the judgment of conviction he appealed to the St. Louis Court of Appeals. At the October term, 1902, of the Court of Appeals, the judgment of the trial court was affirmed. _ One of the judges of the court dissented from the opinion affirming the judgment, for the reason, as disclosed by the record, that the conclusion reached by the majority of the court was in conflict with the decisions of the Supreme Court in State v. Silva, 130 Mo. 440, and State v. Hudspeth, 159 Mo. 178; hence, this…
2Cases cited4 opinions
- State v. WearSupreme Court of Missouri · 1898
- State v. SilvaSupreme Court of Missouri · 1895
- State v. HudspethSupreme Court of Missouri · 1900
- State v. NewsumSupreme Court of Missouri · 1895
3Cited by11 opinions
- State v. MaloneSupreme Court of Missouri · 1933
- State v. HuettSupreme Court of Missouri · 1937
- State v. DeshonSupreme Court of Missouri · 1934
- State v. MasseySupreme Court of Missouri · 1949
- State v. AllenSupreme Court of Missouri · 1916
6 more not listed; retrieve them via the Exa API.