State v. Nidiffer

At the September Term, 1933, of the Jackson County Circuit Court the appellant was convicted of an assault upon one Michael J. Brennan with intent to rob, and' his punishment assessed at imprisonment in the penitentiary for a term of forty years. The assignments of error in his motion for new trial and in his brief on this appeal all converge upon the propositioh that the circuit court erred in overruling his plea of former jeopardy under Section 4453, Revised Statutes 1929, and Section 23, Article II, Constitution of Missouri. This plea was based upon the alleged fact that previously, in May…