State v. Colvin
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. Alonso D. Burns, Judge. (1) The indictment on which the defendant was tried, which was returned in May, 1918, does not charge the defendant with the same offense as the indictment which was returned in February, 1916, and which was dismissed so as to bring the new indictment within the meaning of Sec. 4948, R. S. 1909, so as to prevent the running of the Statute of Limitations.
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Appeal from Jackson Criminal Court. — Hon. Alonso D. Burns, Judge. (1) The indictment on which the defendant was tried, which was returned in May, 1918, does not charge the defendant with the same offense as the indictment which was returned in February, 1916, and which was dismissed so as to bring the new indictment within the meaning of Sec. 4948, R. S. 1909, so as to prevent the running of the Statute of Limitations. King v. State, 151 Ala. 12; Greene v. State, 139 Ala. 157; Stafford v. State, 59 Ark. 413; Ross v. People, 162 Pac. (Colo.) 152. (2) To prevent the running of the Statute of…
1Opinion of the Court
The defendant was indicted in the Criminal Court of Jackson County on the 18th day of February, 1916, upon a charge of having obtained money from one William Reed by false pretense; this indictment was nollied by the State on the 17th day of May, 1918.
At the April term of said court, 1918, the grand jury returned another indictment against defendant and after reciting therein the filing of the first indictment, proceeds as follows: "And the grand jurors, aforesaid, upon their oath aforesaid, further present and charge that said Francis E. Colvin, whose Christian name in full is to these grand…
2Cases cited4 opinions
- State v. SnyderSupreme Court of Missouri · 1904
- Blackman v. CommonwealthSupreme Court of Pennsylvania · 1889
- State v. MeyersSupreme Court of Missouri · 1878
- State v. HopperMissouri Court of Appeals · 1886
3Cited by5 opinions
- People v. KohutNew York Court of Appeals · 1972
- State v. HaverstickSupreme Court of Missouri · 1959
- State v. SteenslandIdaho Supreme Court · 1921
- People v. ReiserAppellate Division of the Supreme Court of the State of New York · 1934
- State v. WeilerSupreme Court of Missouri · 1960