State v. Gustin
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. W. S. Herndon, J udge. (1) The court erred in finding against the defendant on his plea of autrefois convict, (a) A former prosecution for an offense is a bar to a subsequent prosecution when the former prosecution was for an offense which constitutes an element of the latter charge. Thus a conviction for petit larceny is a bar to a subsequent prosecution for -grand larceny on the same facts. 11 Am. and Eng.
Read the full summary
Appeal from Clinton Circuit Court. — Hon. W. S. Herndon, J udge. (1) The court erred in finding against the defendant on his plea of autrefois convict, (a) A former prosecution for an offense is a bar to a subsequent prosecution when the former prosecution was for an offense which constitutes an element of the latter charge. Thus a conviction for petit larceny is a bar to a subsequent prosecution for -grand larceny on the same facts. 11 Am. and Eng. Eney. of Law (1 Ed.), 942. (b) Autrefois convict only requires the transaction-to be the same. Wright v. State, 17 Tex. App. 152. (c) Where a…
1Opinion of the CourtGantt, P. J.
The defendant was indicted at the May term, 1897, of the circuit court of Clinton county for the felonious assault upon one Fernando A. ITarter by feloniously shooting at said Harter with a certain loaded pistol and thereby endangering the life of said Harter.
At the January term, 1898, he was put upon his trial and found guilty as charged, and his fine assessed at one hundred •dollars. From this he appealed to this court.
An inspection of the transcript discloses that although the assault of which defendant was convicted was committed September 16, 1896, he was not indicted until the May term,…
2Cases cited6 opinions
- Ex parte HollwedellSupreme Court of Missouri · 1881
- Kansas City v. NealSupreme Court of Missouri · 1894
- City of St. Louis v. CafferataSupreme Court of Missouri · 1856
- State v. FosterSupreme Court of Iowa · 1871
- State v. WisterSupreme Court of Missouri · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. ToombsSupreme Court of Missouri · 1930
- City of Clayton v. NemoursMissouri Court of Appeals · 1942
- City of St. Louis v. DeLassusSupreme Court of Missouri · 1907
- City of St. Louis v. KlausmeierSupreme Court of Missouri · 1908
- State v. CaddySouth Dakota Supreme Court · 1901
9 more not listed; retrieve them via the Exa API.