State v. Gould
Supreme Court of Missouri
Appeal from St. Francois Circuit Court. — Now. Peter H. Pluck, Judge. (1) The swearing of the jury the first time caused jeopardy to set in and hence defendant’s motion for a -directed verdict should have been sustained. Ex parte Snyder, 29 Mo. App. 260: (2) Instruction 1, given by the court was erroneous as not properly dedaring the law of the case to the jury.
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Appeal from St. Francois Circuit Court. — Now. Peter H. Pluck, Judge. (1) The swearing of the jury the first time caused jeopardy to set in and hence defendant’s motion for a -directed verdict should have been sustained. Ex parte Snyder, 29 Mo. App. 260: (2) Instruction 1, given by the court was erroneous as not properly dedaring the law of the case to the jury. It is in conflict with all the other instructions in the case and is misleading, confusing and resulted in the verdict rendered herein. .Said instruction is at variance with the information and wholly improper, especially for the…
1Opinion of the Court
ROY, 0.
Defendant was convicted of an assault with intent to kill with malice, and sentenced to three years in the penitentiary. The information so far *700as it is necessary to set it out charges that defendant “on the nineteenth day of December, A. D. 1912, at and in the county of St. Francois and State of Missouri, in and upon one Charles Whaley, feloniously, wilfully, on purpose and of his malice aforethought did make an assault; and the said Thomas Gould with a certain deadly weapon, to-wit, a revolving pistol loaded with gunpowder and leaden balls, then and there feloniously, wilfully, on…
2Cases cited4 opinions
- State v. O'KelleySupreme Court of Missouri · 1914
- State v. BishopSupreme Court of Missouri · 1910
- State v. WeberSupreme Court of Missouri · 1855
- Bear v. YoungmanMissouri Court of Appeals · 1885
3Cited by6 opinions
- Thompson v. SandersSupreme Court of Missouri · 1934
- State v. DaleSouth Dakota Supreme Court · 1939
- State v. NullSupreme Court of Missouri · 1947
- State v. RoseberryMissouri Court of Appeals · 1955
- State v. AllenSupreme Court of Missouri · 1916
1 more not listed; retrieve them via the Exa API.