State v. Pitts
Supreme Court of Missouri
Appeal from Polk Circuit Court. I. The State was not bound to elect, on which count it would proceed to trial. (State vs. Porter, 26 Mo., 201.) II. Drunkenness is an aggravation of a crime rather than, a mitigation. (14 Mo., 502; 21 Mo., 466 ; 27 Mo., 332.) III. It was not necessary for the verdict to show upon which count the defendant was found guilty, a general verdict is good. (State vs. McCue, 39 Mo., 112.)
1Opinion of the CourtSherwood, Judge
The defendant was indicted in the Hickory Circuit Court. The indictment contained three counts which were based, respectively, on the 29th, 32nd and 33rd sections of "Wagn. Stat., eh. 42, pp. 449, 450. On his application, the venue was changed to Polk County, where, upon a trial had, he was duly convicted, and his punishment assessed at two years in the penitentiary. Eor a'reversal' of the judgment, there have been assigned various errors which will be briefly noticed. The record’ in this case sufficiently discloses, that *557the indictment was “ found and presented in open court.” The defendant…
2Cases cited4 opinions
- State v. PorterSupreme Court of Missouri · 1858
- State v. JenningsSupreme Court of Missouri · 1853
- State v. McCueSupreme Court of Missouri · 1866
- State v. BeanSupreme Court of Missouri · 1855
3Cited by53 opinions
- Woolfolk v. StateSupreme Court of Georgia · 1890
- State v. GrateSupreme Court of Missouri · 1878
- State v. JonesSupreme Court of Missouri · 1875
- State v. CampbellSupreme Court of Missouri · 1908
- State v. RounerSupreme Court of Missouri · 1933
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