State v. Bruffey
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The old rule as laid down in State v. Loss, 29 Mo. 32,. and State v. Smith, 53 Mo. 139, has been changed by the constitution of 1875. Art. 2, § 23. Now, when judgment m a criminal case is arrested for error at law, the trial is to be-regarded as a mis-trial, and when remanded the whole ease ' is to be tried anew. State v. Simms, 71 Mo. 538. So it is-held elsewhere.
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Appeal from St. Louis Court of Appeals. The old rule as laid down in State v. Loss, 29 Mo. 32,. and State v. Smith, 53 Mo. 139, has been changed by the constitution of 1875. Art. 2, § 23. Now, when judgment m a criminal case is arrested for error at law, the trial is to be-regarded as a mis-trial, and when remanded the whole ease ' is to be tried anew. State v. Simms, 71 Mo. 538. So it is-held elsewhere. State v. Stanton, 1 Ired. 424 ; Stale v. Commissioners, 3 Hill (S. C.) 239; Lesslie v. State, 18 Ohio St. 390. ■The granting of a new trial has the same legal effect as a reversal and…
1Opinion of the CourtRay, J.
The respondent, George Bruffey, was indicted at the January term, 1881, of the St. Louis criminal court, for burglary in the second degree and larceny. The indictment contained but one count. He was tried at the same term of court and acquitted of the burglary but convicted of the larceny, his punishment being assessed at two years in the penitentiary. His motion for new trial was sustained, and at the March term, 1881, he was retried upon the entire indictment, convicted of both burglary and larceny, and his punishment assessed at five years in the penitentiary, three years for the burglary…
2Cases cited2 opinions
- State v. SimmsSupreme Court of Missouri · 1880
- State v. AlexanderSupreme Court of Missouri · 1874
3Cited by8 opinions
- State v. SteevesOregon Supreme Court · 1896
- State v. GoddardSupreme Court of Missouri · 1901
- State v. MartinSupreme Court of Missouri · 1882
- State v. OwensSupreme Court of Missouri · 1883
- Treadway v. JohnsonMissouri Court of Appeals · 1890
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