State v. Polk
Missouri Court of Appeals
Appeal from McDonald Circuit Court. — Eon. F. G. Johnston, Judge. (1) It was error to submit the case to the jury-on the entire information, as tbe verdict of guilty on the first count on tbe trial before tbe justice was an acquittal on the second and third counts.
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Appeal from McDonald Circuit Court. — Eon. F. G. Johnston, Judge. (1) It was error to submit the case to the jury-on the entire information, as tbe verdict of guilty on the first count on tbe trial before tbe justice was an acquittal on the second and third counts. State v. Whitton, 68 Mo. 91; State v. Hays, 78 Mo. 609; State v. Patterson, 116 Mo. 511. (2) The information was not drawn to cover one violation in three counts, but each count stated a separate and distinct violation, hence the general verdict was not good; the defendant was entitled to know on which count he was convicted. State…
1Opinion of the CourtNixon, P. J.
The appellant was convicted in a justice’s court of violating the Local Option Law of McDonald county. The information contained three counts. The jury found appellant guilty on the first count, and assessed his punishment at a fine of three *328hundred dollars. An appeal was perfected to the circuit court where trial de novo was had. The appellant thereupon introduced in evidence the transcript of the justice showing the conviction on the first count alone, and requested an instruction to the effect that the evidence showed only a violation of the law as charged in the second and third counts,…
2Cases cited11 opinions
- State v. SansoneSupreme Court of Missouri · 1893
- State v. PattersonSupreme Court of Missouri · 1893
- State v. FulksSupreme Court of Missouri · 1907
- State v. AndrewsSupreme Court of Missouri · 1858
- State v. SmallSupreme Court of Missouri · 1860
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