State v. Smith
Supreme Court of Missouri
Appeal from Jasper Circuit Court. The case was tried before W. G-. McGregor, Esq., sitting as Special Judge. The defendant was indicted for assault with intent to kill, but before trial the indictment was stolen from the clerk’s office. A new indictment was then found by the grand jury upon which he was tried and convicted. Erom this conviction he took this appeal.
1Opinion of the CourtSherwood, C. J.
Numerous objections are taken to the correctness of the action of the trial court, but as it is unnecessary to notice but one, that one being decisive of this case, we will confine our attention to it. Section 4, page 1087, 2 "Wagner’s Statutes, provides: “ If there be, at any time, pending against the same defendant two indictments for the same offense, or two indictments for the same matter, although charged as different offenses, the indictment first found shall be deemed to be suspended by such second indictment and shall be quashed.” We cannot sanction the view of counsel for the State…
2Cases cited2 opinions
- State ex rel. Rucker v. RuckerSupreme Court of Missouri · 1875
- State v. SimpsonSupreme Court of Missouri · 1878
3Cited by9 opinions
- State v. PattersonSupreme Court of Missouri · 1881
- State v. EatonSupreme Court of Missouri · 1882
- Missouri, Kansas & Texas Railway Co. v. McWherterSupreme Court of Kansas · 1898
- State v. McCarverSupreme Court of Missouri · 1906
- State v. BurksSupreme Court of Missouri · 1896
4 more not listed; retrieve them via the Exa API.