State v. Normile
| Decision Date | 12 January 1892 |
| Citation | 18 S.W. 975,108 Mo. 121 |
| Parties | STATE ex rel. ENGLISH v. NORMILE, Judge. |
| Court | Missouri Supreme Court |
Zach J. Mitchell, for relator. The Attorney General and A. C. Clover, for respondent.
Relator, Cecil W. English, petitions this court for a writ of mandamus commanding the respondent, as judge of the St. Louis criminal court, to certify a certain indictment, found by the grand jury of said city against relator, to the circuit court of St. Louis county, for disposition in that court. The petition shows that about May 15, 1890, an indictment for murder in the first degree was preferred against relator by a grand jury of the city of St. Louis; that afterwards, on the application of relator, a change of venue was granted him, and the case removed to the circuit court of St. Louis county. While the case was still pending in said court, and on the 6th day of October, 1891, a grand jury of the city of St. Louis found a new indictment against relator for the same offense of which he was charged in the one then pending. The said circuit court, having been informed of the preferment of the new indictment, quashed the one pending, and defendant was rearrested, and held under the new one, and was taken to the city of St. Louis for trial. Relator afterwards appeared in the St. Louis criminal court, in which said second indictment was pending, and, by motion, asked to have the case transmitted to the circuit court of St. Louis county for trial. This motion was denied, and a writ of mandamus is now prayed to require said criminal court to send the case to the said circuit court for trial. Relator claims the right to a trial in St. Louis...
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The State v. Goddard
... ... first." If the original cause is removed he has no ... ground of complaint. If it does he can apply and obtain his ... change, just as defendant did in this case. This is the ... uniform rule in this court. [ State ex rel. English v ... Normile, 108 Mo. 121, 18 S.W. 975; State v ... Billings, 140 Mo. 193, 41 S.W. 778.] ... II. The ... defendant was convicted of murder in the second degree on his ... trial under the first indictment, and upon his appeal that ... sentence was reversed for error of law. He now ... ...
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State v. Alexander
...(1881); State v. Billings, 140 Mo. 193, 41 S.W. 778 (1897); State v. Goddard, 162 Mo. 198, 62 S.W. 697 (1901); State ex rel. English v. Normile, 108 Mo. 121, 18 S.W. 975 (1891); State v. Bartlett, 170 Mo. 658, 71 S.W. 148, 59 L.R.A. 756. See Johnston v. State, supra; Ruffin v. State, 28 Ga.......
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United States v. Holder, 74-5098 to 74-5100.
...45 S.E. 381 (1903), (previous ruling is determinative), with Gonzalis v. Lynch, 282 P.2d 255 (Okl.Cr.1955), and State ex rel. English v. Normile, 108 Mo. 121, 18 S.W. 975 (1891), (dismissal of prior case terminates jurisdiction in transferee court and venue must be determined anew in subseq......
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State v. Goddard
...it is not, he can apply and obtain his change just as defendant did in this case. This is the uniform rule in this court. State v. Normille, 108 Mo. 121, 18 S. W. 975; State v. Billings, 140 Mo. 193, 41 S. W. 2. The defendant was convicted of murder in the second degree on his trial under t......