State v. Linton
Supreme Court of Missouri
Appeal from Dunklin Circuit Court. — Hon. W. S. G. Walker, Judge. (1) The defendant was entitled to a trial by a jury of the issues of fact specially as made by the plea in bar. Pleas in bar in Missouri, which has no statute permitting pleas in bar to go to the jury along with the general issuse, must -be tried by a jury specially. The plea in bar was admitted by the State. State v. Moore, 66 Mo. 372; Kelly’s Crim. Law & Pr.
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Appeal from Dunklin Circuit Court. — Hon. W. S. G. Walker, Judge. (1) The defendant was entitled to a trial by a jury of the issues of fact specially as made by the plea in bar. Pleas in bar in Missouri, which has no statute permitting pleas in bar to go to the jury along with the general issuse, must -be tried by a jury specially. The plea in bar was admitted by the State. State v. Moore, 66 Mo. 372; Kelly’s Crim. Law & Pr. (3 Ed.) sec. 224, 226, 237. (2) The defendant was entitled to his discharge upon- the issue submitted by the plea in bar when the State admitted same by filing no…
1Opinion of the CourtWilliams, P. J.
Defendant was convicted and fined in the sum of three hundred dollars in the Circuit Court of Dunklin County, upon an amended information which charged him with a violation of the Local Option Law, in that he unlawfully sold one rtint of whiskey in Dunklin County, in which the Local Option Law was in full force and effect. The defendant- was charged and arrested under the name of William Linton.
Upon the trial defendant filed a plea of autrefois acavit. alleging in substance that he had before been placed in jeopardy for the identical crime.'
The facts upon which the former jeopardy arises are…
2Cases cited4 opinions
- State v. HaysSupreme Court of Missouri · 1883
- State v. BuenteSupreme Court of Missouri · 1914
- State v. NeedhamMissouri Court of Appeals · 1916
- State v. WebsterSupreme Court of Missouri · 1907
3Cited by18 opinions
- Ward v. StateCourt of Appeals of Maryland · 1981
- State v. ToombsSupreme Court of Missouri · 1930
- State v. MarchindoMontana Supreme Court · 1922
- State v. BerrySupreme Court of Missouri · 1957
- State v. FitzsimmonsSupreme Court of Missouri · 1936
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