State v. Richmond
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas.— Eon. B. E. Eloy, Judge. (1) The court should have sustained defendant’s motion in arrest of judgment, because it is bad criminal pleading to blend in one information different distinct'offenses calling for different legal judgments and not growing out of the same transaction, as a defendant could not be consistently tried and convicted for burglary and grand larceny and for receiving the same goods knowing them to have been…
Read the full summary
Appeal from Hannibal Court of Common Pleas.— Eon. B. E. Eloy, Judge. (1) The court should have sustained defendant’s motion in arrest of judgment, because it is bad criminal pleading to blend in one information different distinct'offenses calling for different legal judgments and not growing out of the same transaction, as a defendant could not be consistently tried and convicted for burglary and grand larceny and for receiving the same goods knowing them to have been stolen, under one and the same information. State v. Green, 24 Mo. App. 227; State v. Healy, 50 Mo. App. 243; State v. Nitch,…
1Opinion of the CourtGantt, P. J.
— The prosecution in this case was commenced by information filed by the prosecuting attorney of Marion county, duly verified by him. The information contained two counts, the first for burglary and larceny, and the second for receiving stolen goods knowing the same to have been stolen. No motion to quash on the ground that the two counts were incongruous or inconsistent was filed, and no request was made to require the State to elect on which count it would seek a conviction. The evidence was heard and at the close the court required the State to elect, and the prosecuting attorney chose to…
2Cases cited20 opinions
- Cobb v. StateSupreme Court of Georgia · 1886
- Huggins v. PeopleIllinois Supreme Court · 1890
- Commonwealth v. FinnMassachusetts Supreme Judicial Court · 1871
- State v. DaubertSupreme Court of Missouri · 1868
- State v. GuildSupreme Court of Missouri · 1899
15 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
- Stapleton v. CommonwealthSupreme Court of Virginia · 1924
- Fortson v. StateIndiana Supreme Court · 2010
- People v. JacobsCalifornia Court of Appeal · 1925
- State v. HandsSupreme Court of Missouri · 1953
23 more not listed; retrieve them via the Exa API.