State v. Steptoe
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. 1. Sec. 20, p. 1089, Wag. Stat. ”V ol. 2, is mandatory and not merely directory. The separate indictment then, against tlie defendant, being thus directly contrary to the plain and imperative provisions of the statute, is clearly invalid and will not support a judgment.
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Appeal from St. Louis Court of Appeals. 1. Sec. 20, p. 1089, Wag. Stat. ”V ol. 2, is mandatory and not merely directory. The separate indictment then, against tlie defendant, being thus directly contrary to the plain and imperative provisions of the statute, is clearly invalid and will not support a judgment. And where a judgment is irregularly obtained against the provisions of a statute or the rules of a court, a party is entitled to have it set aside without showing any merits. Doan v. Holly, 27 Mo. 257. 2. But even if the statute were only directory, defendant’s motion to quash, should…
1Opinion of the CourtNorton, J.
Defendant was indicted at a term of the St. Louis criminal court, held in January, 1875, for robbery in the first degree.. At the March term of said court he was tried and convicted and his puhisnment assessed at ten years imprisonment in the penitentiary. An appeal was taken to the Court of Appeals of St. Louis, where upon a hearing, the judgment of the criminal court was affirmed, from which defendant has appealed to this court. On the trial of the cause it appeared from the evidence of the prosecuting witness, that the robbery was committed jointly by one Simon Coen and defendant, that…
2Cases cited3 opinions
- State v. PittsSupreme Court of Missouri · 1875
- State v. MatrasseySupreme Court of Missouri · 1871
- State v. DavidsonSupreme Court of Missouri · 1866
3Cited by8 opinions
- State v. DimmickSupreme Court of Missouri · 1932
- State v. ElvinsSupreme Court of Missouri · 1890
- State v. MartinSupreme Court of Missouri · 1910
- State v. JonesSupreme Court of Missouri · 1936
- State v. BrownSupreme Court of Missouri · 1936
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