State v. Martindale

Supreme Court of Missouri

State v. Martindale

52 Mo. 31

CourtSupreme Court of Missouri

DecidedFebruary 15, 1873

StatusPublished

Cited by2 cases

This text of 52 Mo. 31 (State v. Martindale) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Martindale, 52 Mo. 31 (Mo. 1873).

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Opinion

Adams, Judge

delivered the opinion of the court.

In this case the indictment was demurred to, and the demurrer was sustained, but no final judgment was rendered on the demurrer in favor of the defendant. Instead of rendering final judgment, the Court ordered the defendant to stand in custody for the further action of the grand jury. There being no final judgment the appeal must be dismissed. (See State of Mo., vs. Gregory, 38 Mo., 501; 2 W. S., 1114, § 14.)

Appeal dismissed,

the other judges concur.

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Adams, Judge

delivered the opinion of the court.

In this case the indictment was demurred to, and the demurrer was sustained, but no final judgment was rendered on the demurrer in favor of the defendant. Instead of rendering final judgment, the Court ordered the defendant to stand in custody for the further action of the grand jury. There being no final judgment the appeal must be dismissed. (See State of Mo., vs. Gregory, 38 Mo., 501; 2 W. S., 1114, § 14.)

Appeal dismissed,

the other judges concur.

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Bluebook (online)

52 Mo. 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martindale-mo-1873.

Opinion

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