State v. Pace
Supreme Court of Missouri
Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. (1) It is impossible to tell from this verdict on which count the jury found the defendant guilty and it is obvious from the punishment assessed against him that they only intended to punish him for one of the distinct and separate offenses charged in the information; thi.s verdict so rendered is nothing more that a general verdict and is insufficient and cannot stand.
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Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. (1) It is impossible to tell from this verdict on which count the jury found the defendant guilty and it is obvious from the punishment assessed against him that they only intended to punish him for one of the distinct and separate offenses charged in the information; thi.s verdict so rendered is nothing more that a general verdict and is insufficient and cannot stand. The verdict must be certain, positive and free from all ambiguities. State v.- Pierce, 136 Mo. 40; State v. Harmon, 106 Mo. 635; State v. Bedell, 35 Mo. App. 551.…
1Opinion of the Court
WHITE, C.
The appellant was convicted of forgery at the April term, 1916, of the circuit court of Dent County. The information upon which he was tried is in two counts. The first charges him, under section 4651, Revised Statutes 1909, with the forgery of a certain promissory note purporting to be made by G. E. Pace, J. A. Pace and Willis Pace, which note was payable to the Holland Piano Manufacturing Company. The second count charges the appellant, under section 4654, with having the same forged instrument in his custody and possession with intent to utter it.
*684The defendant, while engaged in…
2Cases cited21 opinions
- State v. ClintonSupreme Court of Missouri · 1878
- State v. SattleySupreme Court of Missouri · 1895
- State v. DaubertSupreme Court of Missouri · 1868
- State v. McDonaldSupreme Court of Missouri · 1885
- State v. WilliamsSupreme Court of Missouri · 1899
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. ClarkSupreme Court of Missouri · 1979
- State v. BoyingtonMissouri Court of Appeals · 1976
- State v. DoughertySupreme Court of Missouri · 1949
- State v. OswaldSupreme Court of Missouri · 1957
- People v. OrmsbyMichigan Supreme Court · 1945
10 more not listed; retrieve them via the Exa API.