Legal Opinion

State v. Daubert

Supreme Court of Missouri

Decided March 15, 1868PublishedCited by 28 opinions

Appeal from St. Louis Criminal Court. I. The court erred in not compelling the circuit attorney to elect between the two counts in the indictment. The power ia within the discretion of the court. (1 Chit. Or. L. 248-9 ; 1 Arch. Cr.' PI. 93-1.) . The Supreme Court will not reverse a cause for the exercise of such discretion, 1 ‘ unless in a case where the abuse is most obvious and manifest.”

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Appeal from St. Louis Criminal Court. I. The court erred in not compelling the circuit attorney to elect between the two counts in the indictment. The power ia within the discretion of the court. (1 Chit. Or. L. 248-9 ; 1 Arch. Cr.' PI. 93-1.) . The Supreme Court will not reverse a cause for the exercise of such discretion, 1 ‘ unless in a case where the abuse is most obvious and manifest.” ( State v. Jackson, 17 Mo. 546.) It was manifest error in the court to permit the introduction of evidence to prove larceny, by proving distinct acts compre-, hended in other indictments pending at the…

1Opinion of the CourtWagner, Judge

Henry Daubert and Louisa Daubert were arraigned on an indictment in the St. Louis Criminal Court. The indictment contained two counts. The first count charged the defendants jointly with larceny, in taking and carrying away certain goods, the property of one Charles E. Barney. The second count charged the defendants with receiving the same goods, knowing them to be stolen. When the case was called for trial, the counsel for the defendants moved the court to compel the attorney prosecuting for the State to elect on which count he would proceed. This motion was by the court overruled, and the…

2Cases cited5 opinions

  1. State v. GoetzSupreme Court of Missouri · 1863
  2. State v. JacksonSupreme Court of Missouri · 1853
  3. State v. HarroldSupreme Court of Missouri · 1866
  4. State v. GraySupreme Court of Missouri · 1866
  5. State v. LeonardSupreme Court of Missouri · 1856

3Cited by28 opinions

  1. State v. SpraySupreme Court of Missouri · 1903
  2. State v. GreenSupreme Court of Missouri · 1877
  3. State v. RichmondSupreme Court of Missouri · 1905
  4. State v. BlanSupreme Court of Missouri · 1879
  5. State v. CarraginSupreme Court of Missouri · 1908

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