State v. Martin
Supreme Court of Missouri
Error to Jackson Criminal Court.—Hon. Henry P. White, Judge. Burgtary and larceny are, at common law, and under the statute, distinct offenses. The conviction of petit larceny was no bar to a subsequent prosecution for a burglary committed at the time of the larceny.
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Error to Jackson Criminal Court.—Hon. Henry P. White, Judge. Burgtary and larceny are, at common law, and under the statute, distinct offenses. The conviction of petit larceny was no bar to a subsequent prosecution for a burglary committed at the time of the larceny. Wilson v. State, 24 Conn. 57. Evidence necessary to convict of the charge of petit larceny would .not sustain the charge of burglary, of which defendant was convicted, and the plea of autrefois convict is not a good plea in bar. State v. Warner, 14 Ind. 572, and note. ' Section 1301, Revised 'Statutes, provides that burglary and…
1Opinion of the CourtNorton, J.
The defendant. was indicted at the November term, 1881, in the Jackson county criminal court for burglary and larceny. The indictment contained but one count, which charged the commission of both burglary 'and larceny.
1. bdkglaby and foia convict. The defendant, in addition to his plea of not guilty, also put in a special plea in bar averring therein that on the 17th day of October, 1881, J. W. Childs, a justice of the peace within and for said county, issued his warrant for the arrest of defendant on a charge preferred for petit larceny; that he was arrested by virtue of said warrant, was…
2Cases cited4 opinions
- Wilson v. StateSupreme Court of Connecticut · 1855
- State v. AlexanderSupreme Court of Missouri · 1874
- State v. WisterSupreme Court of Missouri · 1876
- State v. BruffeySupreme Court of Missouri · 1882
3Cited by22 opinions
- State v. ChernickSupreme Court of Missouri · 1955
- State v. ChambersSupreme Court of Missouri · 1975
- Estevez v. StateSupreme Court of Florida · 1975
- State v. Moore.Supreme Court of Missouri · 1930
- Munson v. McClaughryCourt of Appeals for the Eighth Circuit · 1912
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