State v. Collins
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Gave, Judge. (1) Though there is some confusion in the authorities the plea of res judicata (construing it to be a plea of autrefois acquit) is not sufficient in form. Kelley’s Criminal Law and Practice (3 Ed.), sec. 235; King v. Wildey, 1 Maulé & Selwyn, 183, 105 Eng. Rep. 69; State v. Heath, 8 Mo. App. 101; 2 Bishop’s New Crim. Proc.
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Appeal from St. Louis City Circuit Court. — Hon. Rhodes E. Gave, Judge. (1) Though there is some confusion in the authorities the plea of res judicata (construing it to be a plea of autrefois acquit) is not sufficient in form. Kelley’s Criminal Law and Practice (3 Ed.), sec. 235; King v. Wildey, 1 Maulé & Selwyn, 183, 105 Eng. Rep. 69; State v. Heath, 8 Mo. App. 101; 2 Bishop’s New Crim. Proc. (2 Ed.), secs. 810, 814, 815; Bishop’s Di rections and Forms (2 Ed.), see. 1043, 95; 2 Hale P. C. 243; Crocker v. State, 47 Ga. 568; 'Smith v. State, 52 Ala. 407; Zinn v. State, 117 S. W. 136;…
1Opinion of the CourtRevelle, J.
Defendant'was charged by indictment in the circuit court of the city of St. Louis with the crime of larceny from the person, and with having been convicted of a former felony, it being alleged that, on the 3rd day of May, 1909, he was convicted of larceny from the person, and after sentence, imprisonment in the penitentiary and discharge upon compliance with the sentence, he committed a second offense of larceny from the person. To that portion of the indictment charging him with a former conviction he filed a plea of former jeopardy, which he styles a “plea of res judicata,” and which is as…
Also in this document: Concurrence.
2Cases cited6 opinions
- People v. StanleyCalifornia Supreme Court · 1873
- State v. MooreSupreme Court of Missouri · 1894
- State v. LevySupreme Court of Missouri · 1914
- McIntyre v. CommonwealthCourt of Appeals of Kentucky · 1913
- State v. HudsonSupreme Court of Louisiana · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Evans v. StateWyoming Supreme Court · 1982
- State v. FurthWashington Supreme Court · 1940
- Pentecost v. St. Louis Merchants Bridge Terminal RailroadSupreme Court of Missouri · 1933
- State v. ThompsonSupreme Court of Missouri · 1957
- State v. O'BRIENSupreme Court of Missouri · 1952
19 more not listed; retrieve them via the Exa API.