Legal Opinion

State v. Spurgeon

Missouri Court of Appeals

Decided May 12, 1903PublishedCited by 1 opinion

Appeal from Clark Circuit Court. — Horn. Edwin B. Mollee, Judge. (1) If a statute under which, the indictment is drawn has two separate clauses, it must appear from the hill under which clause the defendant is prosecuted, in order that a conviction may be a bar. State v. Dale, 141 Mo. 284. All that is to be proved, must be alleged. 1 Bish. New Crim.

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Appeal from Clark Circuit Court. — Horn. Edwin B. Mollee, Judge. (1) If a statute under which, the indictment is drawn has two separate clauses, it must appear from the hill under which clause the defendant is prosecuted, in order that a conviction may be a bar. State v. Dale, 141 Mo. 284. All that is to be proved, must be alleged. 1 Bish. New Crim. Proc., secs. 81, 519; State v. Dale, supra; State v. Barbe, 136 Mo. 440; State v. Ferguson, 152 Mo. 92. (2) The verdict is not responsive to the issues made by the information, the plea of not guilty and the affirmative plea of former jeopardy. In…

1Opinion of the CourtGoode, J.

The defendant was prosecuted and convicted of the offense of obstructing a public road in Clark county. Most of the testimony introduced at the trial related to the issue of whether there was a public road at the place where the obstruction was built, and on this question, suffice, to say, there was plenty of evidence to show a road sixty feet wide has existed there since a time anterior to the Civil "War. The fence charged to be an unlawful obstruction, took up about one-half the road and enclosed it with the defendant’s land, and the testimony shows he built part of the fence himself. His…

2Cases cited1 opinion

  1. State v. McCraySupreme Court of Missouri · 1881

3Cited by1 opinion

  1. State v. MartinSupreme Court of Missouri · 1910

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