Ex parte Smith

• Decision Date: 07 March 1911
• Citation: 135 S.W. 58,233 Mo. 241
• Parties: Ex Parte GOLDIE SMITH, Petitioner
• Court: Missouri Supreme Court

135 S.W. 58

233 Mo. 241

Ex Parte GOLDIE SMITH, Petitioner

Supreme Court of Missouri, Second Division

March 7, 1911

Petitioner remanded.

Geo. R. Clay for petitioner.

Elliott W. Major, Attorney-General, and James T. Blair, Assistant Attorney-General, for the State.

KENNISH, P. J. Ferriss and Brown, JJ., concur.

OPINION

Habeas Corpus.

KENNISH, P. J.

This is an application for a writ of habeas corpus. The facts and questions of law involved are the same as in the case of Walter Dipley, decided at the present term of this court. The petitioner in this case was prosecuted upon an information charging her jointly with said Walter Dipley with murder in the first degree, was convicted of that offense, has appealed to this court, is now confined in the penitentiary of the State of Missouri, and bases her application for a writ of habeas corpus upon the same facts as were presented to this court in the Dipley Case. For the reasons given in that case the writ is denied and the petitioner is remanded to the warden of the penitentiary of this State to abide the judgment of this court on the petitioner's pending appeal.

Ferriss and Brown, JJ., concur.