State v. Holt, No. 52444

CourtUnited States State Supreme Court of Missouri
Writing for the CourtEAGER
Citation415 S.W.2d 761
Docket NumberNo. 2,No. 52444
Decision Date12 June 1967
PartiesSTATE of Missouri, Respondent, v. Donald Dale HOLT, Appellant
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19 practice notes
  • State v. Witherspoon, Nos. 54102
    • United States
    • United States State Supreme Court of Missouri
    • December 14, 1970
    ...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......
  • Com. v. Antobenedetto
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • July 25, 1974
    ...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, ......
  • State v. Oropeza, No. 11542
    • United States
    • Idaho Supreme Court
    • January 12, 1976
    ...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......
  • Martin v. Wyrick, No. 76 CV 380-W-1-R.
    • United States
    • United States District Courts. 8th Circuit. Western District of Missouri
    • December 17, 1976
    ...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
  • State v. Witherspoon, Nos. 54102
    • United States
    • United States State Supreme Court of Missouri
    • December 14, 1970
    ...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......
  • Com. v. Antobenedetto
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • July 25, 1974
    ...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, ......
  • State v. Oropeza, No. 11542
    • United States
    • Idaho Supreme Court
    • January 12, 1976
    ...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......
  • Martin v. Wyrick, No. 76 CV 380-W-1-R.
    • United States
    • United States District Courts. 8th Circuit. Western District of Missouri
    • December 17, 1976
    ...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

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