State v. Brannon
Supreme Court of Missouri
Error to Henry Circuit Court. I. This defendant was indicted for robbery in the first degree, but there was only one count in the indictment and it did not embrace robbery in the second degree. The case was submitted to a j ury, and a verdict returned of robbery in the second degree, which is, under the decisions of this court,an acquittal of the offense charged in the indictment, and defendant ought not to have been tried again under the law.
Read the full summary
Error to Henry Circuit Court. I. This defendant was indicted for robbery in the first degree, but there was only one count in the indictment and it did not embrace robbery in the second degree. The case was submitted to a j ury, and a verdict returned of robbery in the second degree, which is, under the decisions of this court,an acquittal of the offense charged in the indictment, and defendant ought not to have been tried again under the law. (State Const., Art. I, §19; Bish. Crim. Law [3d Ed.], §§858-61, 865-75 ; 5 Ind., 291; State vs. Ross, 29 Mo., 48; State vs. Ball, 27 Mo., 227; State…
1Opinion of the CourtWagner, Judge
The defendant was Indicted for robbery in the first degree; A trial was had and the jury brought in a verdict against him of robbery in the second degree. The jury was then discharged, and the court subsequently, of its own motion, set the verdict aside. The defendant then made his motion to be released from further custody, on the ground that he had been acquitted of the offense charged against him in the indictment. This motion was overruled, and at a succeeding term he was again tried and convicted of larceny. As there were no degrees in the crime charged in the indictment, the first…
2Cases cited1 opinion
- State v. JenkinsSupreme Court of Missouri · 1865
3Cited by15 opinions
- Williams v. KaiserSupreme Court of the United States · 1945
- State v. SteevesOregon Supreme Court · 1896
- State v. ParkerSupreme Court of Missouri · 1914
- Johnson v. StateSupreme Court of Florida · 1891
- People v. SmithCalifornia Supreme Court · 1901
10 more not listed; retrieve them via the Exa API.