State v. Headrick
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court.- — Hon. H. G. Riley, Judge. In his motion in arrert of judgment defendant moved tlie court “to arrest the judgment, and that no judgment he entered on the verdict of the jury” because the assault alleged in the second count is the same set out in the first count upon which defendant was acquitted, and such acquittal entitles defendant to a discharge from further prosecution.
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Appeal from Cape Girardeau Circuit Court.- — Hon. H. G. Riley, Judge. In his motion in arrert of judgment defendant moved tlie court “to arrest the judgment, and that no judgment he entered on the verdict of the jury” because the assault alleged in the second count is the same set out in the first count upon which defendant was acquitted, and such acquittal entitles defendant to a discharge from further prosecution. The court should have sustained the motion and discharged the defendant, and committed error in not so doing. Citation of authority is not necessary to show that, in cases where…
1Opinion of the CourtFox, J.
— Appellant was convicted upon the second count of the indictment in the circuit court of Cape Girardeau county and his punishment assessed at imprisonment in the penitentiary for the term of five years.
The indictment, containing two counts, is as follows:
“The grand jurors of the State of Missouri, duly empaneled, sworn and charged to inquire within and for the county of Cape Girardeau, State aforesaid, on *302their oath, present and charge that Lige Headrick, of said county and State, on or about the twenty-third day of June, A. D. 1901, in and upon the body of one August. Holliday, then and…
2Cases cited1 opinion
- State v. WhittonSupreme Court of Missouri · 1878
3Cited by12 opinions
- State v. ToombsSupreme Court of Missouri · 1930
- State v. ArmijoNew Mexico Supreme Court · 1931
- State v. AkersSupreme Court of Missouri · 1919
- Crane v. PeopleSupreme Court of Colorado · 1932
- State v. UrhahnMissouri Court of Appeals · 1981
7 more not listed; retrieve them via the Exa API.