State v. Bulling
Supreme Court of Missouri
Appeal from Buchanan Criminal Court.—Hon. F. S. Winn, Special Judge. (1) The order, made by the criminal court of Buchanan county, on March 17, 1888, “for the election of a judge to decide the defendant’s application for a change of venue,” was a nullity, because not based on legal authority. There is no such order known to, or authorized by, the law of Missouri.
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Appeal from Buchanan Criminal Court.—Hon. F. S. Winn, Special Judge. (1) The order, made by the criminal court of Buchanan county, on March 17, 1888, “for the election of a judge to decide the defendant’s application for a change of venue,” was a nullity, because not based on legal authority. There is no such order known to, or authorized by, the law of Missouri. The order should have been for' the election of a special judge to try the cause, or for the election of a special judge to decide defendant’s application for a change of venue. State v. Brownfield, 88 Mo. 448; Acts, 1887, sec. 1, p.…
1Opinion of the CourtSherwood, J.
The defendant, indicted for the crime of murder, filed an application for a change of venue under the provisions of sections 1856 and 1859, Revised Statutes, 1879, based upon the prejudice of the minds of the inhabitants of the county. He also filed at the same time an additional affidavit under the j)rovisions of section 1877, properly supported by other affidavits, alleging that the judge of the criminal court *91would not impartially decide his application for a change of venue, on account of the prejudice of the inhabitants of the county. Whereupon, under an order of the court, duly entered,…
2Cases cited4 opinions
- State v. GreenwadeSupreme Court of Missouri · 1880
- State v. WhittonSupreme Court of Missouri · 1878
- State v. AndersonSupreme Court of Missouri · 1888
- State v. BrownfieldSupreme Court of Missouri · 1884
3Cited by11 opinions
- State v. BixmanSupreme Court of Missouri · 1901
- State v. Schwartzman Service, Inc.Missouri Court of Appeals · 1931
- State v. BullingSupreme Court of Missouri · 1891
- Caster v. McClellanSupreme Court of Iowa · 1906
- State ex rel. Folk v. SpencerSupreme Court of Missouri · 1901
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