Legal Opinion

State v. Webster

Supreme Court of Missouri

Decided November 19, 1907PublishedCited by 1 opinion

Appeal from Grundy Circuit Court.- — How. Geo. W. WanamaJcer, Judge. (1) Whenever a person is put upon trial before a court of competent jurisdiction, upon a sufficient information, and a jury has been impaneled and sworn, the person is then in jeopardy. Ex parte Snyder, 29 Mo. App. 256 ; State v. Snyder, 98 Mo. 555; State ex rel. v. Williams, 117 Mo. App. 564; State v. Wiseback, 139 Mo. 214; Cooley on Const. Lim.

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Appeal from Grundy Circuit Court.- — How. Geo. W. WanamaJcer, Judge. (1) Whenever a person is put upon trial before a court of competent jurisdiction, upon a sufficient information, and a jury has been impaneled and sworn, the person is then in jeopardy. Ex parte Snyder, 29 Mo. App. 256 ; State v. Snyder, 98 Mo. 555; State ex rel. v. Williams, 117 Mo. App. 564; State v. Wiseback, 139 Mo. 214; Cooley on Const. Lim. (7 Ed.), 467. (2) "When thus in jeopardy, the defendant becomes entitled to a verdict which shall constitute a bar to a new prosecution and he cannot be deprived of this bar by a…

1Opinion of the CourtFox, P. J.

This cause is brought to this court upon appeal by the defendant from a judgment of the circuit court of Grundy county convicting him of a misdemeanor, that of disturbing the peace of a person. The defendant in the trial court filed a plea in bar, which consisted of a recitation of a record, which defendant insists shows that he had formerly been put in jeopardy for the same alleged offense upon which this judgment is predicated, and he invokes the constitutional provision that “mo citizen shall be twice put in jeopardy for the same offense, and that no person shall be deprived of liberty or…

2Cases cited6 opinions

  1. State v. SnyderSupreme Court of Missouri · 1889
  2. State ex rel. Meador v. WilliamsMissouri Court of Appeals · 1906
  3. State v. FletchallMissouri Court of Appeals · 1888
  4. State v. O'ConnorMissouri Court of Appeals · 1894
  5. State v. WisebackSupreme Court of Missouri · 1897

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. State v. LintonSupreme Court of Missouri · 1920

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