State v. Laughlin
Supreme Court of Missouri
Appeal from Holt Circuit Court . — Hon. J. W. Alexander, Judge. (1) The plea is sufficient on its face and is not demurrable. It is in exact accordance with approved forms. Kelley’s Orim. Law, sec. 235; Henry v. State, 33 Ala. 403. The plea of autrefois acquit consists of matter of record and matter of fact. Of record, the indictment or information, and the acquittal; of fact, that the defendant is the same person, and that the offenses are the same. 9 Enc.
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Appeal from Holt Circuit Court . — Hon. J. W. Alexander, Judge. (1) The plea is sufficient on its face and is not demurrable. It is in exact accordance with approved forms. Kelley’s Orim. Law, sec. 235; Henry v. State, 33 Ala. 403. The plea of autrefois acquit consists of matter of record and matter of fact. Of record, the indictment or information, and the acquittal; of fact, that the defendant is the same person, and that the offenses are the same. 9 Enc. PI. and Pr., 663; State ex rel. v. Edwards, 42 La. Ann. 414; Henry v. State, supra; Goode v. State, 70 Ga. 753; Daniels v. State, 78 Ga.…
1Opinion of the CourtFox, J.
The charge in this case is embezzlement. The defendant was administrator of Holt county, and it appears that three successive times he was elected to that office. Before the termination of his third term he resigned and D. M. Walker was appointed his successor.
During the incumbency of the office of public administrator, a partition suit was determined in Holt county, and it appeared that Stella Hahn, a little girl nine years old, was the heir to an interest in a tract of land sold, and that her portion of the real estate brought $229.36. The child being a minor, the probate court of Holt…
2Cases cited2 opinions
- Martha v. StateSupreme Court of Alabama · 1855
- State v. RuganSupreme Court of Missouri · 1878
3Cited by10 opinions
- State v. ToombsSupreme Court of Missouri · 1930
- State v. BobbittSupreme Court of Missouri · 1910
- State v. MeiningerSupreme Court of Missouri · 1925
- State v. OakesSupreme Court of Missouri · 1907
- Webb v. StateCourt of Appeals of Georgia · 1942
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