State v. Orrick

• Court: Missouri Supreme Court
• Writing for the Court: Macfarlane
• Citation: State v. Orrick, 106 Mo. 111, 17 S.W. 329 (Mo. 1891)
• Decision Date: 25 September 1891
• Parties: STATE v. ORRICK.

17 S.W. 329

106 Mo. 111

STATE v. ORRICK.

Supreme Court of Missouri, Division No. 2.

September 25, 1891.

SUPREME COURT — JURISDICTION IN BANC.

A motion to transfer a cause to the supreme court in banc after decision rendered on the ground that one of the judges did not sit at the hearing, nor participate in the decision, must be denied, since the constitution of Missouri authorizes such transfer only "when the judge of the division dissents from the opinion therein, or when a federal question is involved."

On motion to transfer to court in banc.

For former report, see 17 S. W. Rep. 176.

J. B. Walker and W. S. Anthony, for appellant. John M. Wood, Atty. Gen., for the State.

MACFARLANE, J.

A motion to transfer this cause to the court in banc was made after the decision, under the mistaken belief that one of the judges did not sit at the hearing or participate in the decision. In the case of State v. Armstrong, 16 S. W. Rep. 604, one of the judges did not sit, and a motion was made to transfer the cause to the court in banc...