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Kring Vs. Missouri
Cites for this judgment
- US Supreme Court
- Apr 02, 1883
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U.S. 221 (1883) U.S. Supreme Court Kring v. MissouriSearch
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U.S. 221 (1883) Kring v. MissouriSearch
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the defendant for murder in the first degree, is inconsistent with the ruling of the supreme court in State v. KringSearch
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Mo. 551, and in State v. StephensSearch
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Formerly it was held in Missouri ( State v. RossSearch
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this change is a change not in crimes, but in criminal procedure, and such changes are not ex post facto. Gut v. StateSearch
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Court of Missouri, in the opinion we are examining, says it was so, and cites as authority for it the case of State v. RossSearch
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but counsel for plaintiff in error cites to the same Page 107 U. S. 225 effect the cases of State v. BallSearch
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State v. SmithSearch
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Bl.Com. Book 4, 336. See State v. NorvillSearch
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The first case in which this Court was called upon to construe this provision of the Constitution was that of Calder v. BullSearch
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United States v. HallSearch
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was committed, was a good defense to the charge of murder in the first degree. In the subsequent cases of Cummings v. StateSearch
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going much further than is necessary to go in this case to show the error of the Missouri courts. In Commonwealth v. McDonoughSearch
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the defendant could be punished, and he was discharged, though found guilty of the offense. In the case of Hartung v. PeopleSearch
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This is reaffirmed by the same court in the cases of Shepherd v. PeopleSearch
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Green v. ShumwaySearch
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N.Y. 418, and In re Petty, 22 Kan. 477, decides the same thing. In State v. KeithSearch
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void, though both statutes were passed after the acts were committed with which defendant was charged. In State v. SneedSearch
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that a law which is one of procedure may be obnoxious as an ex post facto law, both by the decision in Calder v. BullSearch
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Dall. 386, and in Cummings v. MissouriSearch
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by which the contract may be enforced, or where such remedy existed and remained unaffected by the new law. Tennessee v. SneedSearch
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Which give the debtor a longer stay of execution after judgment. Blair v. WilliamsSearch
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on a sale of his property under execution an appraisement, and a bid of two-thirds the value so ascertained. Bronson v. KinzieSearch
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Sprott v. ReidSearch
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Greene (Iowa) 489. 3. Which allow a period of redemption after such sale. Lapsley v. BrashearSearch
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Cargill v. PowerSearch
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Robinson v. HoweSearch
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judgment for the debt a larger amount of the debtor's property than was exempt when the debt was contracted. Edwards v. KearneySearch
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any law passed after the commission of an offense which, in the language of Mr. Justice Washington, in United States v. HallSearch
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is an ex post facto law, and in the language of Denio, J., in Hartung v. PeopleSearch
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State v. RossSearch
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In the case of State v. SimsSearch
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Mo. 538, it was decided that this provision overthrows the rule laid down in the case of State v. RossSearch
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of such a reversal. The classification of ex post facto laws first made by Mr. Justice Chawe in Calder v. BullSearch
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This definition was the basis of the opinion of the Court in the cases of Cummings v. StateSearch
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Accordingly, it was held by this Court in Gut v. StateSearch
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that if an appeal is taken, its effect shall only be such as is prescribed in the law allowing it. In Commonwealth v. HolleySearch
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And in Commonwealth v. HallSearch
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to the present argument. Still stronger and more to the point is what was said by Shaw, C.J., in Jacquins v. CommonwealthSearch
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and are therefore applicable to the case of an offense previously committed, is well illustrated by the case of Ratzky v. PeopleSearch
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time of the commission of the offense in 1861, it was the well settled law of New York, as decided in Shepherd v. PeopleSearch
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It would follow from these considerations and the authority of the case of People v. ShepherdSearch
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he had been convicted. The counterpart and complement of the decision in Ratzky's Case are found in Hartung v. PeopleSearch
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It was precisely upon this principle that the Supreme Court of North Carolina proceeded in the case of State v. KeithSearch
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