State v. Hatcher
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon, E. O. Ceow, Judge, (1) The question of plea in bar as to whether defendant had once been tried for the same offense was a question of fact and properly triable by jury.
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Appeal from Jasper Circuit Court. — Hon, E. O. Ceow, Judge, (1) The question of plea in bar as to whether defendant had once been tried for the same offense was a question of fact and properly triable by jury. Briggs v. Railroad, 111 Mo. 168; Const, of 1875, art. 2, sec. 28. (2) Under the second error as complained of it is not denied that the charge' against the defendant on which he was convicted and sentenced to two years in the penitentiary was the same act for which he was tried before a justice of the peace, and on which the prosecuting attorney filed his information and defendant was…
1Opinion of the CourtSherwood, J.
The controlling question this record presents is whether a party who being plainly guilty of a felonious assault, by cutting and wounding another with a knife, but prosecuted by the prosecuting attorney before a justice of the peace on an information charging only a common assault, and convicted thereof, can afterward be put upon trial on an indictment charging him with a felonious assault and again convicted.
There is no doubt that a prosecuting attorney after an indictment has been found for an offense, may elect to prosecute for a lower grade of the same offense, necessarily included within…
2Cited by9 opinions
- Commonwealth v. McCanMassachusetts Supreme Judicial Court · 1931
- State Ex Rel. Dowd v. NangleSupreme Court of Missouri · 1955
- Territory of Hawaii v. SchillingHawaii Supreme Court · 1906
- State v. GustinSupreme Court of Missouri · 1899
- State v. BockmanSupreme Court of Missouri · 1939
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