State v. Buente
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The facts stated and contained in defendant’s plea in bar and of former jeopardy stand admitted on the record, for the demurrer of the State admits the facts therein stated and the inferences to be drawn therefrom.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The facts stated and contained in defendant’s plea in bar and of former jeopardy stand admitted on the record, for the demurrer of the State admits the facts therein stated and the inferences to be drawn therefrom. This is axiomatic, (a) That no one shall be twice pnt in jeopardy for the same offense is a well-established principle of civil law, and is embodied in the very elements of the common law, and is incorporated in the Constitution of the United States and in the Constitution of Missouri. Sec. 23, art. 2,…
1Opinion of the CourtFaris, J.
— Defendant was prosecuted in the circuit court of the city of St. Louis upon an information charging him with assault with intent to kill, for that, it was averred, he had stabbed one Rosenthal with a knife. Defendant upon his trial was found guilty by a jury of common assault only and his punishment was assessed at six months’ imprisonment in the city jail and a fine of one hundred dollars. The case is here upon a constitutional question raised by the defendant in the manner below to be pointed out.
Defendant in a proper and timely way filed in the court nisi a plea in bar in which he…
2Cases cited35 opinions
- United States v. PerezSupreme Court of the United States · 1824
- Capital City Dairy Co. v. OhioSupreme Court of the United States · 1902
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Hickman v. GreenSupreme Court of Missouri · 1894
- State v. JefforsSupreme Court of Missouri · 1877
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3Cited by8 opinions
- State v. BirckheadSupreme Court of North Carolina · 1962
- State v. BerrySupreme Court of Missouri · 1957
- State v. LintonSupreme Court of Missouri · 1920
- State ex rel. Moberly Special Road District v. BurtonSupreme Court of Missouri · 1916
- State v. BockmanSupreme Court of Missouri · 1939
3 more not listed; retrieve them via the Exa API.