80 Mo. 643 | Mo. | 1883
The defendant was charged in an affidavit filed before "Wm. A. Gooch, a justice of the peace, with having kissed and indecently assaulted a girl, who was a scholar in the school which he was teaching. The affidavit was made by her father, June 19th, 1880.
That eminent jurist, Mr. Justice Cooley, says, that “ every thing in the declaration of rights contained is excepted out of the general powers of government, and all laws contrary thereto shall be void. * * While they continue in force, they are to remain absolute and un,-
It may be remarked, that at the present term of this court sections 2025 and 2026, have passed under review in the case of the State v. Kelm, 79 Mo. 515, and have been held obnoxious to constitutional objections.
For these reasons the judgment must be reversed, and as the prisoner is held without any constitutional authority for his detention, his discharge is hereby ordered.