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Legal Opinion

State v. McDonald

Supreme Court of Missouri

Decided April 15, 1885PublishedCited by 26 opinions

Appeal from St. Louis County Circuit Court.—Hoar. W. W. Edwards, Judge. The defendant was jointly charged with several others, in the circuit court of St. Louis county, with robbery in the first degree, upon the following indictment : “The grand jurors of the state of Missouri now here in’court duly empaneled, sworn, and charged to inquire withip and for the body of the county of St. Louis, and state of Missouri, upon their oaths, present and charge that Win.

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Appeal from St. Louis County Circuit Court.—Hoar. W. W. Edwards, Judge. The defendant was jointly charged with several others, in the circuit court of St. Louis county, with robbery in the first degree, upon the following indictment : “The grand jurors of the state of Missouri now here in’court duly empaneled, sworn, and charged to inquire withip and for the body of the county of St. Louis, and state of Missouri, upon their oaths, present and charge that Win. Dwyer, Richard Grleason, Patrick Dalton, Robert McDonald, Peter Welsh, and Joseph Montgomery, on the thirtieth day of May, A. D., one…

1Opinion of the CourtSherwood, J.

The defendant was indicted for .and convicted of the crime of . robbery, m ¿he first de*543gree, and Ms punishment assessed at ten years’ imprisonment in the penitentiary.

I. The evidence has been carefully examined, and in our opinion is sufficient to support the verdict.

II. The indictment, though containing three counts, really charges in different forms but one and the same offence, and, therefore, a general finding of guilty was sufficient, and no specification of the particular count was necessary. State v. Miller, 67 Mo. 604.

III. The rule in criminal cases in regard to matters of mere…

2Cases cited5 opinions

  1. State v. MarshallSupreme Court of Missouri · 1865
  2. State v. RaySupreme Court of Missouri · 1873
  3. State v. WilliamsSupreme Court of Missouri · 1883
  4. State v. MillerSupreme Court of Missouri · 1878
  5. State v. PintsSupreme Court of Missouri · 1876

3Cited by26 opinions

  1. State v. MeyersSupreme Court of Missouri · 1889
  2. State v. BrooksSupreme Court of Missouri · 1887
  3. State v. DusenberrySupreme Court of Missouri · 1892
  4. State v. GilmoreSupreme Court of Missouri · 1892
  5. State v. GoddardSupreme Court of Missouri · 1901

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