State v. Holt, No. 52444
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | EAGER |
| Citation | 415 S.W.2d 761 |
| Docket Number | No. 2,No. 52444 |
| Decision Date | 12 June 1967 |
| Parties | STATE of Missouri, Respondent, v. Donald Dale HOLT, Appellant |
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19 practice notes
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State v. Witherspoon, Nos. 54102
...726. Appellants have the burden of establishing the illegality of the official action; that the search was unreasonable. State v. Holt, 415 S.W.2d 761 (Mo.1967); State v. Gailes, 428 S.W.2d 555 (Mo.1968). But where, as here, the search is without warrant, the burden is on those seeking to c......
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Com. v. Antobenedetto
...Lumpkins v. Commonwealth, 425 S.W.2d 535, 536 (Ky.1968); People v. Ferguson, 376 Mich. 90, 95--96, 135 N.W.2d 357 (1965); State v. Holt, 415 S.W.2d 761, 764--765 (Mo.1967); Daniels v. State, 441 P.2d 494, 495 (Okl.Cr.App. 1967); Cook, Constitutional Rights of the Accused--Pre-trial Rights, ......
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State v. Oropeza, No. 11542
...record reveals, no evidentiary hearing was either requested or conducted upon appellants' motion to suppress. As stated in State v. Holt, 415 S.W.2d 761 (Mo.1967), 'Not only must defendant file a motion to suppress the controverted evidence, but he has the burden of presenting evidence to s......
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Martin v. Wyrick, No. 76 CV 380-W-1-R.
...and seizure were unlawful made for the first time on appeal may not generally be recognized. 535 S.W.2d at 475. 2 See also State v. Holt, 415 S.W.2d 761, in which Judge Eager made a similar application of Missouri Rule 27.20(c) in a Fourth Amendment case because a federal constitutional que......
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19 cases
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State v. Witherspoon, Nos. 54102
...726. Appellants have the burden of establishing the illegality of the official action; that the search was unreasonable. State v. Holt, 415 S.W.2d 761 (Mo.1967); State v. Gailes, 428 S.W.2d 555 (Mo.1968). But where, as here, the search is without warrant, the burden is on those seeking to c......
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Com. v. Antobenedetto
...Lumpkins v. Commonwealth, 425 S.W.2d 535, 536 (Ky.1968); People v. Ferguson, 376 Mich. 90, 95--96, 135 N.W.2d 357 (1965); State v. Holt, 415 S.W.2d 761, 764--765 (Mo.1967); Daniels v. State, 441 P.2d 494, 495 (Okl.Cr.App. 1967); Cook, Constitutional Rights of the Accused--Pre-trial Rights, ......
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State v. Oropeza, No. 11542
...record reveals, no evidentiary hearing was either requested or conducted upon appellants' motion to suppress. As stated in State v. Holt, 415 S.W.2d 761 (Mo.1967), 'Not only must defendant file a motion to suppress the controverted evidence, but he has the burden of presenting evidence to s......
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Martin v. Wyrick, No. 76 CV 380-W-1-R.
...and seizure were unlawful made for the first time on appeal may not generally be recognized. 535 S.W.2d at 475. 2 See also State v. Holt, 415 S.W.2d 761, in which Judge Eager made a similar application of Missouri Rule 27.20(c) in a Fourth Amendment case because a federal constitutional que......
Request a trial to view additional results