State v. Kelley
Decision Date | 19 November 1907 |
Citation | 105 S.W. 606,206 Mo. 685 |
Parties | STATE v. KELLEY et al. |
Court | Missouri Supreme Court |
J. D. Gustin and Gratia E. Woodside, for plaintiff in error. The Attorney General and N. T. Gentry, for the State.
On the 23d of February, 1901, the prosecuting attorney of Dent county filed the following information, duly verified, in the office of the clerk of the circuit court of said county:
The defendants were arrested, and afterwards, on the 26th of February, 1901, the following record was made in the said cause:
And thereafter each of the defendants filed his motion in said court to set aside his plea of guilty in said cause and give him a new trial therein, and the court made an order continuing the said motion. The record of the circuit court of Dent county is silent as to the further disposition of these causes until August...
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State v. Ashworth
... ... new trial." Before the enactment of that section, it was ... uniformly held that writs of error lie to correct errors ... apparent on the record even though no motion in arrest was ... filed in the circuit court. [ State v. Kelley, 206 ... Mo. 685, 105 S.W. 606, and cases cited.] The rule remains the ... same under the statute, and it has found frequent application ... in review proceedings, either by error or appeal, in cases ... where a defendant has entered a plea of guilty. For example, ... if no crime is charged ... ...
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State v. Carson
... ... owner of stolen property is incorporated. The following ... decisions are to the effect that it is necessary to allege ... the incorporation. State v. Jones, 168 Mo. 398; ... State v. Horned, 178 Mo. 59; State v ... James, 194 Mo. 268; State v. Kelley, 206 Mo ... 685; State v. Clark, 223 Mo. 48; State v ... Henchel, 250 Mo. 263; State v. Hurt, 285 S.W ... 976; State v. Jordan, 289 S.W. 540; State v ... Schultz, 295 S.W. 535; State v. Simpson, 295 ... S.W. 739. The State respectfully submits that the foregoing ... cases ... ...
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State v. Kellar
... ... to withdraw his plea of guilty; in which case it would follow ... that the court erred in denying the right ... We ... agree there was no final judgment until defendant was ... sentenced, which the record shows was on April 4. [See ... State v. Kelley, 206 Mo. 685, 105 S.W. 606, 12 Ann ... Cas. 681; 16 C. J. p. [332 Mo. 68] 1266, sec. 3000.] But we ... do not agree with the further contention that until sentence ... was thus formally pronounced defendant was entitled as a ... matter of right to withdraw his plea ... ...
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State v. Carson
... ... The following decisions are to the effect that it is necessary to allege the incorporation. State v. Jones, 168 Mo. 398; State v. Horned, 178 Mo. 59; State v. James, 194 Mo. 268; State v. Kelley, 206 Mo. 685; State v. Clark, 223 Mo. 48; State v. Henchel, 250 Mo. 263; State v. Hurt, 285 S.W. 976; State v. Jordan, 289 S.W. 540; State v. Schultz, 295 S.W. 535; State v. Simpson, 295 S.W. 739. The State respectfully submits that the foregoing cases ought not be any longer followed; that the ... ...