State v. Huffman
Supreme Court of Missouri
Appeal from Phelps Circuit Court. — Hon. O. O. Bland, Judge. (1) The plea of former acquittal raised an issue of fact on which defendant was entitled to a jury trial. Com. v. Fredericks, 155 Mass. 455; 2 Van Fleet, Former Adjudications, sec. 661; Grisham v. State, 19 Tex. App. 504; Troy v. State, 10 Tex. App. 319; Wharton’s Orim. Law, p. 565; Cooley’s Const. Lim. .328. (2) Parol evidence is admissible to prove the identity of the two offenses.
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Appeal from Phelps Circuit Court. — Hon. O. O. Bland, Judge. (1) The plea of former acquittal raised an issue of fact on which defendant was entitled to a jury trial. Com. v. Fredericks, 155 Mass. 455; 2 Van Fleet, Former Adjudications, sec. 661; Grisham v. State, 19 Tex. App. 504; Troy v. State, 10 Tex. App. 319; Wharton’s Orim. Law, p. 565; Cooley’s Const. Lim. .328. (2) Parol evidence is admissible to prove the identity of the two offenses. State v. Thornton, 37 Mó. 376; State v. Wister, 62 Mo. 592; State v. Snyder, 98 Mo. 555; State v. Heath, 8 Mo. App. 99; State v. Dunn, 73 Mo. 586;…
1Opinion of the CourtBurgess, J.
At the March term, 1895, of the circuit court of Phelps county two indictments were returned by the grand jury against defendant, charging him with burglary and larceny, each indictment charging him with a separate and distinct offense committed on different days. The indictments differ only in this, one of them charged the burglary and larceny to have been committed on the twenty-third day of October, 1893, and the theft of three bushels of wheat, and the other that the burglary and larceny were committed on the twenty-fifth day of October, 1893, and the theft of two bushels of wheat.
The…
2Cases cited3 opinions
- State v. SmithSupreme Court of Vermont · 1871
- Thomas v. CommonwealthSupreme Court of Virginia · 1872
- State v. ShieldsIndiana Supreme Court · 1846
3Cited by17 opinions
- State v. SnyderSupreme Court of Missouri · 1904
- State v. ToombsSupreme Court of Missouri · 1930
- State v. WilliamsSupreme Court of Missouri · 1899
- John Gund Brewing Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1913
- State v. Mangiaracina.Supreme Court of Missouri · 1939
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