Flansburg v. Kaiser

• Decision Date: 05 February 1945
• Docket Number: 39423
• Citation: 184 S.W.2d 1004
• Parties: Abner Flansburg, Petitioner, v. Paul E. Kaiser, Warden, Missouri State Penitentiary, Respondent
• Court: Missouri Supreme Court

184 S.W.2d 1004

Abner Flansburg, Petitioner, v. Paul E. Kaiser, Warden, Missouri State Penitentiary, Respondent

No. 39423

Supreme Court of Missouri, En Banc

February 5, 1945

Original Proceeding in Habeas Corpus

Writ denied

OPINION

Per Curiam:

Writ of habeas corpus denied for the reason that the certified sentence and judgment of the Circuit Court of Pike County attached to and made a part of the application for the writ of habeas corpus shows that the petitioner was in court with an attorney when he pleaded guilty. The rule is well established in this State that a circuit court can only speak through its records and its records import absolute verity and cannot be impeached by oral testimony. State v. Horn, 79 S.W.2d 1044, 336 Mo. 524; State v. Decker, 33 S.W.2d 958, 326 Mo. 946.