State v. McCue
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. The verdict is insufficient in law to support the judgment in this, that whereas different and distinct crimes, differing in their degrees of punishment, are set forth in the different and distinct counts of said indictment, yet the jury do not specify upon which count in said indictment they find the defendants guilty; and their verdict does not state that the defendants are guilty of any crime whatsoever.
1Opinion of the CourtHolmes, Judge
The defendants were indicted together with Edward Murphy for the crime of robbery, and were tried separately from the other defendant. There were three counts in the indictment ; one for robbery in the first degree, one for grand larceny, and another for receiving the stolen goods; and the transanction was one and the same. The jury found the defendants “guilty of robbery in the first degree.” A motion in arrest of judgment, for the reasons (among others which it is not deemed necessary to notice) that the verdict did not show on which count the defendants were found guilty, and that the…
2Cited by9 opinions
- State v. PittsSupreme Court of Missouri · 1875
- State v. NolandSupreme Court of Missouri · 1892
- State v. HaysSupreme Court of Missouri · 1883
- State v. BlanSupreme Court of Missouri · 1879
- State v. HarmonSupreme Court of Missouri · 1891
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