Clay v. State
Supreme Court of Missouri
Appeal from St. Francois Circuit Court. 1st. That the defendants having been tried convicted and fined with trial before the justice under the law giving to the magistrate jurisdiction in cases of breaches of the peace (see revised code 1835 page 372,) could not be indicted and again tried and punished for the same offence. State Constitution page 28, sec. 10, acts of 1835 page 214 sec. 15. 2nd.
Read the full summary
Appeal from St. Francois Circuit Court. 1st. That the defendants having been tried convicted and fined with trial before the justice under the law giving to the magistrate jurisdiction in cases of breaches of the peace (see revised code 1835 page 372,) could not be indicted and again tried and punished for the same offence. State Constitution page 28, sec. 10, acts of 1835 page 214 sec. 15. 2nd. That offence charged is not indictable, the 27th section of the act of 1835 page 209, making the offence charged as a misdemeanor being repealed by the 5th section of the .•act of the 13th February…
1Opinion of the Court
Opinion of the Court by
McGirk Judge.
It appears by the record that at the July term of the circuit court, for the county of St. Francois, the grand juror» *603for that county indicted Eleazur Clay, Robert Clay, Wm. Finch and E. G. Clay, for disturbing a religious congregation, assembled for public worship.
The second count charges and finds, that said persons did, at the same time, disturb the congregation, by committing an assault and battery on'one Reed <tec.
To this indictment the defendants pleaded not guilty, except Finch, who was not taken. At the November term of the court they were found…
2Cases cited1 opinion
- United States v. One Case of Hair PencilsU.S. Circuit Court for the District of Northern New York · 1825