State v. Yandell
Supreme Court of Missouri
Appeal from Douglas Circuit Court. — Row. F. C. Johnston, Special Judge. (1) The charge set forth in the information is “second offense” burglary and larceny (sec. 2379', R. S. 1899) and under such charge, if sustained by the evidence, the punishment must be imprisonment for life; hence defendant was entitled to his statutory challenge of twenty men instead of twelve.
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Appeal from Douglas Circuit Court. — Row. F. C. Johnston, Special Judge. (1) The charge set forth in the information is “second offense” burglary and larceny (sec. 2379', R. S. 1899) and under such charge, if sustained by the evidence, the punishment must be imprisonment for life; hence defendant was entitled to his statutory challenge of twenty men instead of twelve. Sec. 1890, R. S. 1899. The degree or severity of punishment determines the number of peremptory challenges the defendant in any criminal case is entitled to, and such number is based solely on the charge in the indictment or…
1Opinion of the CourtBurgess, J.
Under an information duly verified and filed by the prosecuting attorney of Douglas county, charging the defendant with burglary and larceny and with being an habitual criminal, defendant was convicted in the circuit court of said county on the 23rd day of June, 1906, and his punishment fixed at imprisonment in the penitentiary for the term of his natural life.
The offense was alleged to have been committed January 3,1906; the building alleged to have been burglarized was a storehouse belonging to T. N. and P. M. Smallwood, from which various articles of dry goods, shoes and jewelry, of the…
2Cases cited7 opinions
- State v. KlingerSupreme Court of Missouri · 1870
- State v. SmithSupreme Court of Missouri · 1905
- State v. WilliamsSupreme Court of Missouri · 1899
- State v. SwisherSupreme Court of Missouri · 1905
- State v. WatersSupreme Court of Missouri · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. KinneSupreme Court of Missouri · 1963
- State v. PfeiferSupreme Court of Missouri · 1916
- State v. HartSupreme Court of Missouri · 1932
- State v. WilliamsSupreme Court of Missouri · 1974
- Brough v. State of ArizonaArizona Supreme Court · 1940
1 more not listed; retrieve them via the Exa API.