State v. Rush
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. Gr. McGregor, Judge. (1) Defendant’s motion to quash the indictment should have been sustained; the description of the money therein was not sufficient. State ®. Kroeger, 47 Mo. 530, and cases therein cited.
Read the full summary
Appeal from Jasper Circuit Court. — Hon. M. Gr. McGregor, Judge. (1) Defendant’s motion to quash the indictment should have been sustained; the description of the money therein was not sufficient. State ®. Kroeger, 47 Mo. 530, and cases therein cited. (2) The court should not have permitted the state to take a severance in the cause, and then permitted Bailey and Pike to use statements made to them by Beard, the co-defendant, under promise made to Beard that he would not be prosecuted, as a key by which they could open the heart of the defendant and obtain from him the pretended confession. 1…
1Opinion of the CourtBrace, J.
The defendant was jointly indicted in the circuit court of Jasper county with one Seth Beard for the crime of robbery in the first degree, and on his motion was granted a separate trial; his motion to quash the indictment having been overruled, he was tried, found guilty, and his punishment assessed' at imprison-*202meat in the penitentiary for a term of ten years, and he was sentenced accordingly ; his motion for new trial and in arrest of judgment having been overruled he appealed, and assigns for error that the court overruled his motion to quash the indictment, admitted incompetent evidence,…
2Cases cited9 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. BurnettSupreme Court of Missouri · 1883
- State v. DunnSupreme Court of Missouri · 1883
- State v. SimonSupreme Court of Missouri · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- Hays v. HoganSupreme Court of Missouri · 1917
- State v. . WhitenerSupreme Court of North Carolina · 1926
- State v. OrrickSupreme Court of Missouri · 1891
- State v. DusenberrySupreme Court of Missouri · 1892
17 more not listed; retrieve them via the Exa API.