State v. Ostman
Missouri Court of Appeals
Appeal from St. Charles Circuit Court . — Hon. Jas. D. Barnett, Judge. (1) The motion to require the prosecuting attorney to elect on which count he would proceed should have been sustained. In the first count defendants are charged with a felony. In the second with a misdemeanor. Felonies and misdemeanors cannot be joined in the same indictment unless specially authorized by statute.
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Appeal from St. Charles Circuit Court . — Hon. Jas. D. Barnett, Judge. (1) The motion to require the prosecuting attorney to elect on which count he would proceed should have been sustained. In the first count defendants are charged with a felony. In the second with a misdemeanor. Felonies and misdemeanors cannot be joined in the same indictment unless specially authorized by statute. Hildebrand v. State, 5 Mo. 548; State v. Porter, 26 Mo. 201; State v. Kneeland, 90' Mo. 337. (2) The first instruction given by the court is clearly erroneous. The first count charges that William Ostman made…
1Opinion of the CourtNortoni, J.
The defendants were informed against in the circuit court for felonious assault. Having pleaded not guilty, they were tried by a jury and convicted of the offense of common assault. The punishment of the defendant, Henry Ostman, Sr., was fixed at a fine of one hundred dollars, and that of his two sons, Henry Ostman, Jr., and William Ostman, at a fine of fifty dollars each. From this judgment all of the defendants prosecute an appeal.
The first argument advanced for a reversal of the judgment assumes that the information is in four counts and that the first and third counts thereof, those…
2Cases cited15 opinions
- State v. RossSupreme Court of Missouri · 1859
- State v. GreenSupreme Court of Missouri · 1877
- State v. PhillipsSupreme Court of Missouri · 1857
- State v. ReevesSupreme Court of Missouri · 1888
- State v. AndersonSupreme Court of Missouri · 1886
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3Cited by4 opinions
- People v. SmithMichigan Supreme Court · 1935
- State v. MorseSouth Dakota Supreme Court · 1914
- Schafer v. OstmannMissouri Court of Appeals · 1913
- State v. MaggertMontana Supreme Court · 1922