Legal Opinion

State v. Burnett

Supreme Court of Missouri

Decided October 15, 1883PublishedCited by 21 opinions

Appeal from Vernon Circuit Court.—Hon. 0. G. Burton, Judge. Tlic court erred in admitting evidence of other offenses committed by defendant. The judgment should also be reversed on account of improper remarks made by the prosecuting attorney.

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Appeal from Vernon Circuit Court.—Hon. 0. G. Burton, Judge. Tlic court erred in admitting evidence of other offenses committed by defendant. The judgment should also be reversed on account of improper remarks made by the prosecuting attorney. The money was sufficiently described as “ $500 of the lawful money of the United States of the value of $500.” R. S. 1879, § 1817; State v. Moore, 66 Mo. 372. The fact that the offense was alleged to have been committed in December, 1883, while the indictment was found in May, 1883, constitutes only a clerical ci’ror, of no importance under the statute.…

1Opinion of the CourtSherwood, J.

The defendant, at the May term, 1883, *121of the Vernon circuit court, was indicted, and on trial had, was convicted of robbery in the first degree, and sentenced to imprisonment in the penitentiary for the term of twelve years.

I. We find no objection to the indictment. It describes the money as “ $500 of the lawful money of the United States, of the value of $500.” Section 1817, Revised Statutes 1879, provides, that: “In every indictment in which it shall be necessary to make any averment as to any money or any note, being or purporting to be made or issued by any bank incorporated by law, or…

2Cases cited4 opinions

  1. State v. WilliamsSupreme Court of Missouri · 1883
  2. State v. EmorySupreme Court of Missouri · 1883
  3. State v. PrestonSupreme Court of Missouri · 1883
  4. State v. MooreSupreme Court of Missouri · 1877

3Cited by21 opinions

  1. State v. TurlingtonSupreme Court of Missouri · 1890
  2. State v. RushSupreme Court of Missouri · 1888
  3. State v. BurkSupreme Court of Missouri · 1886
  4. State v. DaySupreme Court of Missouri · 1889
  5. State v. McDanielSupreme Court of Missouri · 1887

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