State v. Stubblefield
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Geo. F. Longan, Judge. (1) The indictment is in good form; it follows the language of the statute, and is not subject to serious objection. (2) Defendant objects to instruction numbered three on part of the State, for the alleged reason that it assumes the fact that defendant committed the act charged in the indictment.
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Appeal from Pettis Circuit Court. — Hon. Geo. F. Longan, Judge. (1) The indictment is in good form; it follows the language of the statute, and is not subject to serious objection. (2) Defendant objects to instruction numbered three on part of the State, for the alleged reason that it assumes the fact that defendant committed the act charged in the indictment. This objection must fall for the reason that upon interposing the affirmation plea of insanity the act constituting the alleged offense is thereby admitted and confessed. State v. Soper, 148 Mo. loe. cit. 239; State v. Pagels, 92 Mo.…
1Opinion of the CourtSherwood, J.
The defendant has appealed from a judgment based upon a verdict which found him guilty of stopping a railway train with intent to rob (Laws 1895, p. 160) and assessing his punishment at 10 years in the penitentiary. He was embraced in the same indictment with one James L. West, but a severance was granted and separate trials had.
This case, owing to the fact of the defendants being co-indictees in the indictment, charged with the same crime, *362is consequently of a piece with. "West’s case, and so the statement of facts heretofore made in the opinion in that case, may stand for such statement in…
2Cases cited3 opinions
- State v. PagelsSupreme Court of Missouri · 1887
- State v. SoperSupreme Court of Missouri · 1899
- State v. HughesSupreme Court of Missouri · 1882
3Cited by15 opinions
- State v. KenyonSupreme Court of Missouri · 1939
- State Ex Rel. Westfall v. MasonSupreme Court of Missouri · 1980
- Bailey v. United StatesCourt of Appeals for the Tenth Circuit · 1934
- Schultz v. ZerbstCourt of Appeals for the Tenth Circuit · 1934
- State v. WolfeSupreme Court of Missouri · 1961
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