State v. Duclos
Supreme Court of Missouri
Error to Washington Circuit Court. The statute provides that no person shall be tried or punished for any felony, other than as specified in R. C. 1855, p. 1211, § 29, unless the indictment be found within three years from the commission of the offence. (R. C. 1855, p. 1211, § 26.) If the first indictment be quashed, the second should state the proceedings, with precision dnd certainty, had under the first, required in original proceedings.
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Error to Washington Circuit Court. The statute provides that no person shall be tried or punished for any felony, other than as specified in R. C. 1855, p. 1211, § 29, unless the indictment be found within three years from the commission of the offence. (R. C. 1855, p. 1211, § 26.) If the first indictment be quashed, the second should state the proceedings, with precision dnd certainty, had under the first, required in original proceedings. (2 Mo. 147.) When the first indictment is quashed, the second should lay the offence on a day within the time limited by law for the prosecution of the…
1Opinion of the CourtBay, Judge
At the May term, 1864, of the Washington Circuit Court, defendant was indicted for a felonious assault upon one Simon 0. Farrell, and at the same term tried and convicted. In due time he filed his motion in arrest of judgment, which being overruled, he prosecutes his writ of error. It is insisted by the defendant that the indictment is bad, and the court below erred in overruling the motion to quash. Under our statute no person can be tried, prosecuted or punished for an offence of this character, unless the indictment be found within three years after the commission of the offence; but when…
2Cases cited1 opinion
- State v. EnglishSupreme Court of Missouri · 1829
3Cited by6 opinions
- State v. EdwardsSupreme Court of Missouri · 1875
- State v. OwenSupreme Court of Missouri · 1883
- State v. ChildSupreme Court of Kansas · 1890
- State v. SweeneyMissouri Court of Appeals · 1894
- State v. LamarMissouri Court of Appeals · 1923
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