¶1concur in the result, but on the ground that the judge of the St. Louis court of criminal correction, in preliminary examinations for felonies, does not act as a court, but as an examining magistrate, and that section 4346, and articles 1 and 2, of chapter 48, Revised Statutes, 1889, apply to him when acting in that capacity, and, hence, he ought to have sent the case to some justice of the peace of the city of St. Louis to be disposed of instead of ordering the election of a special judge, etc. We all agree, however, that that court acts as a court, in the disposition of misdemeanor cases upon information and that sections 4174, 4175, 4176, 4177 and 4178, Revised Statutes, 1889, govern it in such cases, when application is made for change of venue on account of the prejudice of the judge.
106 Mo. 616
Ex parte Bedard
Decided October 15, 1891
Supreme Court of Missouri · decided 1891-10-15
Habeas Corpus. (1) The filing by the defendant of the required affidavit, under section 4174, Revised Statutes, 1891,' rendered the judge of the St. Louis court of criminal correction incompetent, and disqualified him as the judge of said court from hearing the case or exercising the powers of an examining magistrate in the particular instance. All acts done after the filing of the affidavit were coram non judice.
Good law ✅— No negative treatment on recordhow we know
Prisoner discharged · Decided 1891-10-15
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Cited by 12 later decisions — most recently March 2016
12 state decisions
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