State v. Currier
Supreme Court of Missouri
Appeal from Howell Circuit Court.— Hon. W. N. Evans, Judge. The indictment charges in the one count the wounding of four cattle and the killing of three: two separate and distinct offenses, the wounding a misdemeanor, the killing a felony. These two offenses could. not he joined in the same indictment, even if separately stated in different counts, hut in no event could they he joined in the one count. State v. Nitch, 79 Mo. App. 99; State v. Green, 24 Mo.
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Appeal from Howell Circuit Court.— Hon. W. N. Evans, Judge. The indictment charges in the one count the wounding of four cattle and the killing of three: two separate and distinct offenses, the wounding a misdemeanor, the killing a felony. These two offenses could. not he joined in the same indictment, even if separately stated in different counts, hut in no event could they he joined in the one count. State v. Nitch, 79 Mo. App. 99; State v. Green, 24 Mo. App. 227; State v. Harrison, 62 Mo. App. 112. The evidence admitted under the charges in the indictment as to the wounding of cattle, was…
1Opinion of the CourtBurgess, J.
On the 11th day of February, 1909, the grand jury of Howell county returned into open court an indictment charging the defendants with feloniously, wilfully and maliciously shooting and killing three cattle, the property of George Eothwell, W. M. Ulrich and J. H. Soots. At the March term, 1909, of the circuit court of said county, the defendants filed a motion to quash the indictment, .which motion was overruled, and they thereupon entered their plea of not guilty, and went to trial. They were found guilty of the offense charged, the jury assessing their punishment at a fine of fifty dollars…
2Cases cited14 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. SmithSupreme Court of Missouri · 1883
- State v. RosenblattSupreme Court of Missouri · 1904
- State v. FlintSupreme Court of Missouri · 1876
- State v. PenningtonSupreme Court of Missouri · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Craig v. United StatesCourt of Appeals for the Ninth Circuit · 1936
- United States v. Charles Naylor, IICourt of Appeals for the Eighth Circuit · 2018
- State v. HardySupreme Court of Missouri · 1950
- The People v. ShaverIllinois Supreme Court · 1937
- State v. BairdSupreme Court of Missouri · 1923
4 more not listed; retrieve them via the Exa API.