State v. Manicke
Supreme Court of Missouri
Appeal from Maries Circuit Court. — Hon. C. D. Corum, Special Judge. (1) Indeed, the statute of limitations can in nowise be made to apply unless it be first held that defendant was being tried for the commission of the first offense as well as the second.
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Appeal from Maries Circuit Court. — Hon. C. D. Corum, Special Judge. (1) Indeed, the statute of limitations can in nowise be made to apply unless it be first held that defendant was being tried for the commission of the first offense as well as the second. It is well settled by a long line of authorities that upon a trial such as this “punishment is for the last offense committed and is rendered more severe in consequence of the situation into which the defendant has brought himself.” “The defendant is not again punished for the first offense, but the punishment for the second is increased…
1Opinion of the Court
Burgess. J.
On the eleventh day of November, 1896, the defendant was convicted in the circuit court of Maries county of malicious assault upon one John Gr. Slate, and his punishment fixed at ten years’ imprisonment in the penitentiary, under an indictment theretofore found by the grand jury of said county. From the judgment and sentence he appealed.
The indictment charges, and the evidence showed, that on the seventeenth day of October, 1889, the defendant was sentenced to the penitentiary by the circuit court of said county for defiling his ward, a stepdaughter under the age of eighteen years;…
2Cases cited3 opinions
- State v. AustinSupreme Court of Missouri · 1893
- State v. MooreSupreme Court of Missouri · 1894
- State v. JacksonSupreme Court of Missouri · 1889
3Cited by10 opinions
- Massey v. United StatesCourt of Appeals for the Eighth Circuit · 1922
- State v. MurraySupreme Court of Missouri · 1955
- State v. ScheminiskyIdaho Supreme Court · 1918
- State v. FergusonSupreme Court of Missouri · 1919
- State Ex Rel. Stewart v. BlairSupreme Court of Missouri · 1947
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