State v. Christian
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. J. G. ■ Slate, Judge. (1) There is a misjoinder of the two counts in the information, and the motion to quash should have been sustained, as also the motion in arrest. The first count charges Scott and this defendant with grand larceny, while the second count charges Scott with the larceny, and this defendant as an accessory after the fact.
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Appeal from Moniteau Circuit Court. — Hon. J. G. ■ Slate, Judge. (1) There is a misjoinder of the two counts in the information, and the motion to quash should have been sustained, as also the motion in arrest. The first count charges Scott and this defendant with grand larceny, while the second count charges Scott with the larceny, and this defendant as an accessory after the fact. These crimes are created by different sections of the statute, require different proof and separate and distinct verdicts. R. S. 1909, secs. 4899, 4536;.Kelly’s Criminal Law (3 Ed.), sec. 53; State v. Durbin, 25>…
1Opinion of the CourtParis, J.
This is a prosecution commenced against the defendant in the circuit court of Moniteau county upon an information which was filed therein on April 26, 1913. Since this information has been attacked by the defendant, both by a motion to quash directed toward the entire informaion, and by a demurrer to the second count thereof, we deem it necessary for a full understanding of the points involved, to set the information out in full. Omitting formal parts, it is as follows:
*386“J. B. Gallagher, prosecuting attorney within and for Moniteau county, Missouri, upon his information and belief, for an…
2Cases cited8 opinions
- State v. CushenberrySupreme Court of Missouri · 1900
- State v. LehmanSupreme Court of Missouri · 1904
- State v. DaubertSupreme Court of Missouri · 1868
- State v. RichmondSupreme Court of Missouri · 1905
- State v. CarraginSupreme Court of Missouri · 1908
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3Cited by17 opinions
- State v. TerrySupreme Court of Missouri · 1959
- State v. PaceSupreme Court of Missouri · 1917
- State v. BrownSupreme Court of Missouri · 1927
- State v. LinkSupreme Court of Missouri · 1926
- State v. BrugioniSupreme Court of Missouri · 1928
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