State v. Haycroft
Missouri Court of Appeals
Appeal from the Aud/rain Circuit Court. — Hon. E. M. Hughes, Judge. (1) In the first count the defendant was charged with disturbing the peace of a family; in the second count, -with, disturbing tbe peace of individuals, who composed the family, naming them. The offense charged in each count was identical. The silence of the - jury in the justice’s court on either count is an implied acquittal of the defendant on the other.
Read the full summary
Appeal from the Aud/rain Circuit Court. — Hon. E. M. Hughes, Judge. (1) In the first count the defendant was charged with disturbing the peace of a family; in the second count, -with, disturbing tbe peace of individuals, who composed the family, naming them. The offense charged in each count was identical. The silence of the - jury in the justice’s court on either count is an implied acquittal of the defendant on the other. State v. Smith, 53 Mo. 139; State v. Ball, 27 Mo. 324; Guenther v. People, 26 N. Y. 100; State v. Belclin, 33 Wis. 120. It is impossible to say on which count he was…
1Opinion of the CourtEllison, J.
Defendant was convicted of a misdemeanor before a justice of the peace under section 3784, Revised Statutes, 1889. He appealed to the circuit court where he was again convicted, and he comes here for a review of the case. The information is in two counts, but it is conceded that they are for the same offense. Defendant’s conviction in the justice’s court was general, without mentioning either count. In the circuit court, the record shows that he was proceeded *491against on the first count. He endeavored to abate the cause in the circuit court, upon the idea as we gather it from the. brief, that…
2Cases cited1 opinion
- State v. GeigerMissouri Court of Appeals · 1891
3Cited by3 opinions
- State v. MikelMissouri Court of Appeals · 1907
- State v. HullMissouri Court of Appeals · 1898
- State v. SimpsonMissouri Court of Appeals · 1907