State v. Lopez
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. Indictment for embezzlement. The indictment concluded 11 c against the peace of the statute and of the statute in such case made and provided.” The defendant filed a plea of “ not guilty,” and two special pleas in bar. The first special plea in bar is sufiieiently stated in the opinion of the court. A demurrer to this plea was sustained.
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Appeal from St. Louis Criminal Court. Indictment for embezzlement. The indictment concluded 11 c against the peace of the statute and of the statute in such case made and provided.” The defendant filed a plea of “ not guilty,” and two special pleas in bar. The first special plea in bar is sufiieiently stated in the opinion of the court. A demurrer to this plea was sustained. The second plea was in the form of a plea of former conviction or acquittal, and stated that the defendant had formerly pleaded guilty to an indictment for the same offence charged in this indictment, and. had received…
1Opinion of the CourtGamble, Judge
I. The indictment in this case does not conclude “ against the peace and dignity of the state,” as is required in the corn stitution. It concludes thus : “ against the peace of the statr ute and the statute in such case made and provided.” The judgment for this cause'must be reversed.
2. We have been asked to express an opinion on the plea in bar of the defendant, in which he sets up an agreement made by him with the circuit attorney, at a term of the Criminal Court, when there were ten indictments pending against him for embezzlement, by which agreement it was stipulated that the defendant…
2Cited by18 opinions
- Hester v. CommonwealthSupreme Court of Pennsylvania · 1877
- State v. HingleSupreme Court of Louisiana · 1962
- State v. . JoynerSupreme Court of North Carolina · 1879
- State ex rel. Graves v. PrimmSupreme Court of Missouri · 1875
- State v. CampbellSupreme Court of Missouri · 1908
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