State v. Moxley
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. GL D. ■ Burgess, Judge. Tbe indictment charged tbe defendant with tbe murder of bis wife by an act of violence wbicb broke the cervical vertebras, thereby causing her death. Another count charged tbe death to have been caused by strangling, etc., etc. There were several counts wbicb varied tbe method of chargingthe offense.
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Appeal from Chariton Circuit Court. — Hon. GL D. ■ Burgess, Judge. Tbe indictment charged tbe defendant with tbe murder of bis wife by an act of violence wbicb broke the cervical vertebras, thereby causing her death. Another count charged tbe death to have been caused by strangling, etc., etc. There were several counts wbicb varied tbe method of chargingthe offense. Tbe homicidal act charged to be murder in tbe first degree is alleged to have occurred on tbe twelfth of October, 1885. On a former occasion tbis cause was here on defendant’s appeal (102 Mo. 374), when tbe judgment was reversed…
1Opinion of the CourtShebwood, J.
I. The first point requiring attention is whether the prosecuting attorney was properly allowed to exercise the right of election to prosecute the defendant for murder in the second degree, and this prior to the selection of the traverse jury. This point was thus ruled in State v. Talmage, 107 Mo. 549, but it must be confessed that there is no express authority in the statute for it. But it is said by an eminent text-writer that the legal representative of the government may declare that he will no further prosecute the particular indictment or some designated part thereof; and this nolle…
2Cited by12 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- State v. HowardSupreme Court of Missouri · 1893
- State v. ClarkMissouri Court of Appeals · 1977
- State v. BobbittSupreme Court of Missouri · 1908
- State v. BauerleSupreme Court of Missouri · 1898
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