In re Clark
Supreme Court of Missouri
Habeas Corpus.. (1) It appears from the petition and return that petitioner was convicted' without a hearing. The petition alleges that petitioner was denied a hearing, and the judgment fails to recite a hearing. Every valid judgment recites a hearing, and the validity of the commitment depends entirely upon the judgment. There can be no commitment without a valid judgment.
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Habeas Corpus.. (1) It appears from the petition and return that petitioner was convicted' without a hearing. The petition alleges that petitioner was denied a hearing, and the judgment fails to recite a hearing. Every valid judgment recites a hearing, and the validity of the commitment depends entirely upon the judgment. There can be no commitment without a valid judgment. Ex parte Arnold, 128 Mo. 256; Ex parte 0 ’Brian, 12.7 Mo. 477; People ex rel. v. Baker, 891 N. T. 460. (2) Section 1616, Revised Statutes 1899, provides that the court has power to punish, as for a criminal contempt,…
1Opinion of the CourtLamm, J.
Willis H. Clark, a member of the St. Louis bar, was fined for two separate contempts by the judge presiding in division 11 of the circuit court of *128that city. His person, being seized under one mittimus issued on an omnibus judgment covering both fines, he sued out a writ of habeas corpus from this court. Such writ went, directed to Louis Nolte, sheriff of the city of St. Louis, commanding him to produce the body of said Clark before this Court In Banc at a date named.
STATEMENT OP THE CASE.
Attached to the petition and return of the sheriff are certified copies of the commitment on which…
2Cases cited21 opinions
- Ex Parte RobinsonSupreme Court of the United States · 1874
- SavinSupreme Court of the United States · 1889
- In Re Watts and SachsSupreme Court of the United States · 1903
- CuddySupreme Court of the United States · 1889
- State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
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3Cited by73 opinions
- Cooke v. United StatesSupreme Court of the United States · 1925
- State Ex Rel. Chassaing v. MummertSupreme Court of Missouri · 1994
- Robertson v. StateAlabama Court of Appeals · 1924
- Ex parte CreasySupreme Court of Missouri · 1912
- Osborne v. PurdomeSupreme Court of Missouri · 1951
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