State v. Kelley

Decision Date19 November 1907
Citation105 S.W. 606,206 Mo. 685
PartiesSTATE v. KELLEY et al.
CourtMissouri Supreme Court

J. D. Gustin and Gratia E. Woodside, for plaintiff in error. The Attorney General and N. T. Gentry, for the State.

GANTT, J.

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: "State of Missouri v. Daniel D. Kelley, Nicholas Gardner, James Blackburn, James Wallace. Burglary and Larceny. Now comes A. E. McGlasham, prosecuting attorney within and for Dent county, in the state of Missouri, and informs the court that Daniel D. Kelley, Nicholas Gardner, James Blackburn, and James Wallace, on the 23d day of February, 1901, at and in Dent county, state of Missouri, did feloniously and burglariously break into and enter a certain building, to wit, the depot of the St. Louis & San Francisco Railway Company, there situate, the same being a building in which divers goods, chattels, and merchandise and valuable things were then and there kept and deposited, with the intent the goods, chattels, merchandise, and valuable things in said depot then and there being, then and there feloniously and burglariously to steal, take, and carry away. And two revolvers, three watches, one pipe, and other chattels, of the value of thirty dollars, the personal property and in the lawful possession of the Wells Fargo Express Company, then and there in the said depot being found, did then and there feloniously and burglariously steal, take, and carry away, against the peace and dignity of the state. A. E. McGlasham, Prosecuting Attorney."

The defendants were arrested, and afterwards, on the 26th of February, 1901, the following record was made in the said cause: "February 26, Special Term, 1901. State of Missouri v. Daniel D. Kelley, Nicholas Gardner, James Blackburn, and James Wallace. Burglary and Larceny. Now at this day the defendants are brought into court, and having no counsel and no means to employ counsel, J. M. Stephens and J. F. Eaves are appointed by the court to defend said defendants. Now at this day comes the prosecuting attorney of Dent county, Missouri, and the said defendant Daniel D. Kelley, in proper person and by attorney, and the said defendant, being arraigned upon an information filed by the prosecuting attorney of said county charging defendant with burglary and larceny in breaking into and entering into the depot building of the St. Louis & San Francisco Railroad Company at Salem, in said county and State, and the said defendant for plea to said information says he is guilty in the manner and form as charged in the information, and his punishment is assessed at ten (10) years' imprisonment in the state penitentiary. Now at this day comes the prosecuting attorney of Dent county, Missouri, and the said Nicholas Gardner in proper person and by attorney, and the said defendant, being arraigned upon an information filed by the prosecuting attorney of said county charging said defendant with burglary and larceny in breaking into and entering the depot building of the St. Louis & San Francisco Railroad Company at Salem, in said county and state, and said defendant for plea to said information, says he is guilty in manner and form as charged in the information, and his punishment is assessed at ten years' imprisonment in the state penitentiary. Now at this day comes the prosecuting attorney of Dent county, Missouri, and said defendant James Blackburn, in proper person and by attorney, and said defendant, being arraigned upon an information filed by the prosecuting attorney of said county charging defendant with burglary and larceny in breaking into the depot building of the St. Louis & San Francisco Railroad Company at Salem, in said county and state, and the said defendant for plea to said information, says he is guilty in manner and form as charged in the information, and his punishment is assessed at ten years' imprisonment in the state penitentiary. Now at this day comes the prosecuting attorney of Dent county, Missouri, and the defendant James Wallace, in proper person and by attorney, and said defendant, being arraigned upon an information filed by the prosecuting attorney of said county charging defendant with burglary and larceny in breaking into and entering the depot building of the St. Louis & San Francisco Railroad Company at Salem, in said county and state, and the said defendant for plea to said information says he is guilty in manner and form as charged in the information, and his punishment assessed at ten years in the state penitentiary."

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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61 cases
  • State v. Ashworth
    • United States
    • Missouri Supreme Court
    • September 27, 1940
    ... ... 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 ... ...
  • State v. Carson
    • United States
    • Missouri Supreme Court
    • June 4, 1929
    ... ... 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 ... ...
  • State v. Kellar
    • United States
    • Missouri Supreme Court
    • December 31, 1932
    ... ... 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 ... ...
  • State v. Carson
    • United States
    • Missouri Supreme Court
    • June 4, 1929
    ... ... 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 ... ...
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