Legal Opinion

Ex parte Kneedler

Supreme Court of Missouri

Decided June 1, 1912PublishedCited by 30 opinions

Habeas Corpus. (1) Sec. 12 of the Motor Vehicle Act of 1911, upon which the information in this case is bottomed, is unconstitutional and void because it requires the operator of an automobile, in violation of sec. 23 of art. 2 of our Constitution, to give information which may lead to his being charged with or convicted of a crime. State ex rel. v. Hdw.

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Habeas Corpus. (1) Sec. 12 of the Motor Vehicle Act of 1911, upon which the information in this case is bottomed, is unconstitutional and void because it requires the operator of an automobile, in violation of sec. 23 of art. 2 of our Constitution, to give information which may lead to his being charged with or convicted of a crime. State ex rel. v. Hdw. Co., 109 Mo. 118; People v. Eosenheimer, 128 N. T. Supp. 1095; People v. Eosenheimer, 130 N. Y. Supp. 544. (2) The statute is also void because it is in conflict with sec. 14 of art. 2 of our Constitution, which forbids the Legislature to…

1Opinion of the CourtFerriss, J.

Habeas corpus to discharge petitioner from the custody of the sheriff of the city of *636St. Louis, who holds petitioner under a capias issued on an information based upon the following statute:

“Whoever operates a motor vehicle while in an intoxicated condition shall be guilty of a misdemeanor. Any person operating a motor vehicle who, knowing that injury has been caused to a person or property, due to the culpability of the said operator, or to accident, leaves the place of said injury or accident, without stopping and giving his name, residence, including street and street number, and…

2Cases cited5 opinions

  1. State ex rel. Attorney General v. Simmons Hardware Co.Supreme Court of Missouri · 1891
  2. City of St. Joseph v. LevinSupreme Court of Missouri · 1895
  3. City of St. Louis v. WilliamsSupreme Court of Missouri · 1911
  4. People v. RosenheimerNew York Court of General Session of the Peace · 1911
  5. People v. RosenheimerAppellate Division of the Supreme Court of the State of New York · 1911

3Cited by30 opinions

  1. People v. . RosenheimerNew York Court of Appeals · 1913
  2. United States v. FieldCourt of Appeals for the Second Circuit · 1952
  3. Byers v. Justice Court for Ukiah Judicial DistrictCalifornia Supreme Court · 1969
  4. City of Portland v. GoodwinOregon Supreme Court · 1949
  5. Ule v. StateIndiana Supreme Court · 1935

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