Legal Opinion

State v. Burgdoerfer

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 41 opinions

Error to St. Louis Court of Criminal Correction. Hon. James R. Claiborne, Judge. C. II. Krum on motion to dismiss writ of error. The motion to dismiss the writ of error should be sustained. (1) By the teims of the statute creating the St. Louis court of cr'minal correction, as amended March 5, 1869, a writ oí erro can only be sued out by a defendant, and such writ will not lie in behalf of the state. Sess.

Read the full summary

Error to St. Louis Court of Criminal Correction. Hon. James R. Claiborne, Judge. C. II. Krum on motion to dismiss writ of error. The motion to dismiss the writ of error should be sustained. (1) By the teims of the statute creating the St. Louis court of cr'minal correction, as amended March 5, 1869, a writ oí erro can only be sued out by a defendant, and such writ will not lie in behalf of the state. Sess. Acts, 1869, sec. 26, p. 198. The statute in force at the time of the creation of the court of criminal correction, in regard to writs of error in criminal cases, was section 1, chapter 215,…

1Opinion of the CourtThomas, J.

The assistant prosecuting attorney of the St. Louis court of criminal correction filed an information in that court on the twenty-sixth day of June, 1891, by which defendant was charged with keeping a pool-room and registering bets in violation of the act of the general assembly of this state, approved April 1, 1891, entitled, “An act to prohibit book-making and pool-selling.” Sess. Acts, 1891, p.' 122.

Defendant being taken before the court, on proper process, filed a motion to quash the information upon the grounds : First. Because the act upon which the information is based is…

2Cases cited19 opinions

  1. Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
  2. Barbier v. ConnollySupreme Court of the United States · 1884
  3. Missouri v. LewisSupreme Court of the United States · 1880
  4. State ex rel. Attorney General v. MillerSupreme Court of Missouri · 1890
  5. State v. AddingtonSupreme Court of Missouri · 1882

14 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Combs v. Rountree Construction Co.Supreme Court of Missouri · 1907
  2. Curd v. BrownSupreme Court of Missouri · 1899
  3. State v. WalshSupreme Court of Missouri · 1896
  4. State v. Great Western Coffee & Tea Co.Missouri Court of Appeals · 1903
  5. Hunter v. WethingtonSupreme Court of Missouri · 1907

36 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API