State v. Moore
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. — Hon. H. L. Edmunds, Judge. (1) The indictment is not had for duplicity, since the offenses of burglary and larceny may properly be •charged in the same count. R. S. 1889, sec. 3529. 'The burglary is charged in the language of the statute. R. S. 1889, sec. 3520. The charging of a former conviction is not the charging of another offense. “It is only the averment of a fact which may affect the punishment.
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Appeal from St. Louis Criminal Court. — Hon. H. L. Edmunds, Judge. (1) The indictment is not had for duplicity, since the offenses of burglary and larceny may properly be •charged in the same count. R. S. 1889, sec. 3529. 'The burglary is charged in the language of the statute. R. S. 1889, sec. 3520. The charging of a former conviction is not the charging of another offense. “It is only the averment of a fact which may affect the punishment. The jury do not find the prisoner guilty of the previous offense; they only find that he was previously convicted of it as a historical fact.” Regina v.…
1Opinion of the CourtBurgess, J.
Defendant was indicted in the'St. Louis criminal court for burglary in the first degree and larceny in a dwelling house. The indictment charged that defendant “on the eleventh day of January, A. D. 1887, at the city of St. Louis, in the St. Louis criminal court, was duly convicted, on Ms own confession, of the offense of grand larceny, and in accordance with said confession was duly sentenced by said court to imprisonment in the penitentiary for the term of three years, and was duly imprisoned in said penitentiary in accordance with said sentence; and that the said Prank Moore, after his…
2Cases cited4 opinions
- People v. StanleyCalifornia Supreme Court · 1873
- Ingalls v. StateWisconsin Supreme Court · 1880
- Maguire v. StateCourt of Appeals of Maryland · 1878
- State v. AustinSupreme Court of Missouri · 1893
3Cited by34 opinions
- State v. YoungSupreme Court of Missouri · 1939
- State v. JohnstoneSupreme Court of Missouri · 1960
- State v. O'BRIENSupreme Court of Missouri · 1952
- State v. HagermanSupreme Court of Missouri · 1951
- Tribble v. StateSupreme Court of Georgia · 1929
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