State v. Wiley
Supreme Court of Missouri
Appeal from Greene Criminal Court. — Hon. M. Oliver, Judge. (1) The court did not err in overruling defendant’s plea to the jurisdiction, and his motion in arrest. The presumption will be indulged that G-reene county had the necessary population. A law will, not be declared to be unconstitutional unless it appears to be so beyond all reasonable doubt.
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Appeal from Greene Criminal Court. — Hon. M. Oliver, Judge. (1) The court did not err in overruling defendant’s plea to the jurisdiction, and his motion in arrest. The presumption will be indulged that G-reene county had the necessary population. A law will, not be declared to be unconstitutional unless it appears to be so beyond all reasonable doubt. But the constitutionality of a law cannot be inquired into in this way; it must be by a direct proceeding “so that the judgment of the court may operate, as it were, in rem, and have the direct effect of settling the question permanently, in…
1Opinion of the CourtGantt, P. J.
The defendant was jointly indicted in the criminal court of Greene county at its July term, 1889, with William Haynie and H. M. Tutor, for grand larceny, the indictment charging that said parties on the eighteenth day of December, 1888, in said-county, feloniously stole, took and carried away twenty-six head of fat hogs, black and white spotted, of the value of $300, the personal property of J. M. Williams and S. T. Whitlock. On the twentieth day of July he was arraigned, and refused to plead to said indictment, whereupon the court entered a plea of not guilty. On the sixteenth day of August,…
2Cases cited3 opinions
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- State v. DanielsSupreme Court of Missouri · 1877
- State v. RichSupreme Court of Missouri · 1855
3Cited by11 opinions
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- State v. ButlerSupreme Court of Missouri · 1903
- State Ex Rel. Aquamsi Land Co. v. HostetterSupreme Court of Missouri · 1935
- State v. WeedenSupreme Court of Missouri · 1896
- Ex parte RenfrowSupreme Court of Missouri · 1892
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