State v. Houx
Supreme Court of Missouri
Appeal from Saline Criminal Court. — Hon. John E. Evland, Judge. (1) The counts of the indictment were repugnant; though based on the same transaction, there could be but one conviction, and the court erred in overruling defendant’s motion requiring the state to ■elect, made before the trial was begun. Nicholas v. State, 5 S. W. Eep. (Tex.) 239; People v. Parhe, C. 0. 154; Bishop on Statutory Crimes, secs. 478-494; 1 Wharton’s American Criminal Law [4 Eev.
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Appeal from Saline Criminal Court. — Hon. John E. Evland, Judge. (1) The counts of the indictment were repugnant; though based on the same transaction, there could be but one conviction, and the court erred in overruling defendant’s motion requiring the state to ■elect, made before the trial was begun. Nicholas v. State, 5 S. W. Eep. (Tex.) 239; People v. Parhe, C. 0. 154; Bishop on Statutory Crimes, secs. 478-494; 1 Wharton’s American Criminal Law [4 Eev. Ed. 1858] secs. 416, 422; State v. Cherry, 1 Swan (Tenn.) 160; Bonner v. State, 3 S. Eep. 663. (2) The defendant’s motion, made after all…
1Opinion of the CourtMacfarlane, J.
Defendant was indicted by the grand jury of Johnson county for an alleged rape upon Mattie Sidenstricker. A change of venue was taken to Saline county, where the case was tried and defendant convicted and sentenced to five years7 imprisonment in the penitentiary. From this sentence defendant appeals.
The indictment contains two counts, the first charging: “That Robert Houx, late of the county of Johnson and state of Missouri, on the eighth day of July, A. D. 1889, at the county of Johnson and state of Missouri, in and upon one Mattie Sidenstricker, a female child under the age of twelve years,…
2Cases cited11 opinions
- State v. GreenSupreme Court of Missouri · 1877
- State v. PorterSupreme Court of Missouri · 1858
- State v. NewtonSupreme Court of Iowa · 1876
- Lawrence v. CommonwealthSupreme Court of Virginia · 1878
- State v. SteeleySupreme Court of Missouri · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Cooper v. StateTennessee Supreme Court · 1909
- State v. HameySupreme Court of Missouri · 1902
- Haden v. StateSupreme Court of Georgia · 1933
- State v. NolandSupreme Court of Missouri · 1892
- Heath v. StateIndiana Supreme Court · 1910
32 more not listed; retrieve them via the Exa API.