# Green v. State

> Supreme Court of Missouri · April 11, 1973 · 494 S.W.2d 356

URL: https://www.frixlaw.com/law-library/cases/9674364

## Case

- **Full name:** Marvin GREEN, Movant-Appellant, v. STATE of Missouri, Respondent
- **Court:** Supreme Court of Missouri
- **Decided:** April 11, 1973
- **Citations:** 494 S.W.2d 356; 1973 Mo. LEXIS 1024
- **Precedential status:** Published
- **Opinion:** Dissent by Seiler
- **Judges:** Holman, Finch, Donnelly, Mor-Can, Bardgett, Henley, Seiler
- **Cited by:** 39 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9674364

## How later opinions describe it (automated extraction)

- stating that “[h]abeas corpus would appear to be the proper remedy” for a prisoner seeking to have his probation reinstated
- applying predecessor Rule 27.26

## Opinion text

SEILER, Judge
(dissenting).
I would treat defendant’s motion as an application for habeas corpus, set it for reargument, and request counsel to brief and argue the constitutionality of Sec. 549.101, RSMo 1969, V.A.M.S. We will have to face this issue sooner or later and I believe it is better for all concerned to do so now, rather than postponing it. I therefore respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9674364. Public record. Not legal advice.