State v. Henschel
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. Bernard H. Dyer, Special Judge. (1) Notwithstanding his plea of guilty, a defendant is entitled to his appeal or writ of error, and if no crime is charged in the information, then none is confessed by pleading guilty thereto. The only effect of such a plea is to admit the truth of whatever is sufficiently charged.
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Appeal from Montgomery Circuit Court. — Hon. Bernard H. Dyer, Special Judge. (1) Notwithstanding his plea of guilty, a defendant is entitled to his appeal or writ of error, and if no crime is charged in the information, then none is confessed by pleading guilty thereto. The only effect of such a plea is to admit the truth of whatever is sufficiently charged. State v. Levy, 119 Mo. 434; State v. Rosenblatt, 185 Mo. 114; State v. Kelley, 206 Mo. 685. (2) This conviction grows out of the filing of a verified information in two counts, jointly charging appellant and another with the crimes of…
1Opinion of the Court
WILLIAMS, C.
Information: Burglary and Larceny: Alleging Incorporation. Defendant entered his plea of guilty to an information charging him with the burglary of a car of the Wabash Railroad Company and the larceny of certain goods belonging to the company contained in said car. The court assessed defendant’s punishment for the crime of burglary at two years in the penitentiary, and for the crime of larceny at two years in the penitentiary, and entered judgment sentencing defendant to four years in the penitentiary.
The information fails to allege whether the railroad company is a corporation or…
2Cases cited9 opinions
- Wallace v. PeopleIllinois Supreme Court · 1872
- State v. JonesSupreme Court of Missouri · 1902
- State v. KelleySupreme Court of Missouri · 1907
- McCowan v. StateSupreme Court of Arkansas · 1893
- State v. HornedSupreme Court of Missouri · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. EatonSupreme Court of Missouri · 1965
- State v. HascallSupreme Court of Missouri · 1920
- State v. JenningsSupreme Court of Missouri · 1919
- State v. LathamSupreme Court of Missouri · 1939
- State v. QuinnSupreme Court of Missouri · 1940
2 more not listed; retrieve them via the Exa API.