Legal Opinion

State v. Anderson

Supreme Court of Missouri

Decided October 15, 1888PublishedCited by 20 opinions

Appeal from, Laclede Circuit Court. — Trial before Hon. C. C. Bland, Judge of the Eighteenth Judicial Circuit. The errors complained of are : (1) The re-investure of jurisdiction by Judge Wallace after jurisdiction had passed from him by order of court, changing th# venue to Judge Bland: (a) In receiving and permitting to be filed a second indictment for the same offense, after he had granted defendant a change of venue.

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Appeal from, Laclede Circuit Court. — Trial before Hon. C. C. Bland, Judge of the Eighteenth Judicial Circuit. The errors complained of are : (1) The re-investure of jurisdiction by Judge Wallace after jurisdiction had passed from him by order of court, changing th# venue to Judge Bland: (a) In receiving and permitting to be filed a second indictment for the same offense, after he had granted defendant a change of venue. (5) By entering a nolle prosequi on the indictment which had gone from him by change of venue, (c) By entertaining an application of defendant for change of venue on the…

1Opinion of the Court

Black.-J.

The defendant Edward Anderson, who was indicted with his mother and brother Henry and one Saunders, for killing Swain Anderson, appealed from a conviction of murder in the first degree. The deceased was the father of this defendant.

The indictment was found at the March term, 1887, of the Wright circuit court. At the following August term, the defendant applied for a change of venue, *245alleging prejudice on the part of Judge Wallace, who made an order setting the cause down for hearing by Judge Bland of the eighteenth circuit. Judge Bland held the court pursuant to the order, and on the…

2Cases cited7 opinions

  1. State v. HopkirkSupreme Court of Missouri · 1884
  2. State v. EatonSupreme Court of Missouri · 1882
  3. State v. GreenwadeSupreme Court of Missouri · 1880
  4. State v. WhittonSupreme Court of Missouri · 1878
  5. State v. VincentSupreme Court of Missouri · 1887

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3Cited by20 opinions

  1. Murphy v. United StatesCourt of Appeals for the Seventh Circuit · 1923
  2. People v. KlyczekIllinois Supreme Court · 1923
  3. State v. DixsonMontana Supreme Court · 1927
  4. Fitter v. United StatesCourt of Appeals for the Second Circuit · 1919
  5. State v. GilmoreSupreme Court of Missouri · 1892

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