State v. McBroom
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Eon. Joseph J. Williams, Judge. (1) The court erred in submitting’ to the jury the issue of the former conviction, with the issue of the guilt or innocence of the defendant.
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Appeal from Jefferson Circuit Court. — Eon. Joseph J. Williams, Judge. (1) The court erred in submitting’ to the jury the issue of the former conviction, with the issue of the guilt or innocence of the defendant. They both should have been tried separately, and the jury should have been instructed as to each issue separately. 12 Cyc. 952. (2) The court erred in not instructing the jury specially on the question of the prior conviction, and in permitting the jury to return a verdict into court finding the defendant guilty as charged, for the reason that such a verdict will be treated as an…
1Opinion of the CourtFerriss, J.
Defendant was convicted in the circuit court of Jefferson county under sections 4746 and 4747, Revised Statutes 1909, which read as'follows :
1 £ Sec. 4746. Any pawnbroker, junk dealer, dealer in second-hand goods or merchant, who shall buy, receive or take any personal property, goods, wares or merchandise, other than agricultural products, of any value from any minor or have in his possession any personal property, goods, wares or merchandise, so had and obtained without the consent of such minor’s parents or guardians, had in writing, shall, upon conviction, he punished by imprisonment in…
2Cases cited1 opinion
- Herndon v. CommonwealthCourt of Appeals of Kentucky · 1899
3Cited by13 opinions
- State v. KimbroughSupreme Court of Missouri · 1942
- Osborne v. StateNebraska Supreme Court · 1926
- State v. EnochsSupreme Court of Missouri · 1936
- State v. HamiltonSupreme Court of Missouri · 1937
- State v. WeinhardtSupreme Court of Missouri · 1913
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