State v. Williams
Supreme Court of Missouri
Appeal from Scotland Circuit Court. — Hon. E. R. McKee, Judge. (1) The plea of former acquittal filed by the defendant, should have been tried by a jury. It was a constitutional right which he had. State v. Huffman, 136 Mo. 58; State v. Hatcher, 136 Mo. 641. And this constitutional right can not be taken away by the court.
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Appeal from Scotland Circuit Court. — Hon. E. R. McKee, Judge. (1) The plea of former acquittal filed by the defendant, should have been tried by a jury. It was a constitutional right which he had. State v. Huffman, 136 Mo. 58; State v. Hatcher, 136 Mo. 641. And this constitutional right can not be taken away by the court. Coffey v. U. S., 116 U. S. 436; Hunt v. State, 86 Ala. 604; 34 S. W. Rep. 943; 131 Mass. 113; 168 U. S. 48. (2) If any of the elements necessary to sustain -the indictment, were tried in the first indictment, it is jeopardy. State v. Hesseltine, 130 Mo. 468; 11 Am. and Eng.…
1Opinion of the CourtGantt, P. J.
At the August term, 189Y, of the Scotland county circuit court, the defendant was indicted for forging a certain note for fifty dollars of the tenor following: “$50.00. Memphis, Mo., July 28th, 189Y.
“One hundred and twenty days after date for value received we promise to pay to the order of the Scotland County National Bank of Memphis, fifty dollars at its banking house in Memphis, Mo., with interest at the rate of eight per cent per annum from maturity, payable annually, and if not so paid to become as principal and bear the same rate of interest.
“Robert Williams,
“Edward Butler.”
Prior to the…
2Cases cited12 opinions
- State v. KellySupreme Court of Missouri · 1881
- State v. SmithSupreme Court of Vermont · 1871
- State v. YergerSupreme Court of Missouri · 1885
- Martha v. StateSupreme Court of Alabama · 1855
- State v. HuffmanSupreme Court of Missouri · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. PhillipsMontana Supreme Court · 1954
- State v. WaterburySupreme Court of Iowa · 1907
- State v. BlodgettSupreme Court of Iowa · 1909
- State v. GanttMissouri Court of Appeals · 1973
- State v. WashingtonMissouri Court of Appeals · 1978
20 more not listed; retrieve them via the Exa API.