State v. Bobbitt
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) The trial court committed error in sustaining the demurrer on the part of the State to the plea in bar of former acquittal of the defendant Stewart.
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Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) The trial court committed error in sustaining the demurrer on the part of the State to the plea in bar of former acquittal of the defendant Stewart. While the indictment in the first case charged murder in the first degree in the ordinary way, viz., as a willful, deliberate, and premeditated killing, the proof of the arson was admitted and the court' in that case instructed the jury that the proof of the arson took place of the proof that would otherwise have been required to show a willful, deliberate and premeditated…
1Opinion of the CourtGantt, P. J.
This is a prosecution commenced on the 30th day of January, 1908, by the prosecuting attorney of Howard county, by filing in the circuit court of said county an information duly verified, charging that the defendants “did unlawfully, maliciously and feloniously set fire to the dwelling house of Franklin Smith, then and there situate, in which dwelling house was then and there a human being.” Defendants applied for and were granted a change of venue to Boone county. Afterwards in the circuit court of Boone county the defendants were duly arraigned and pleaded not guilty. The defendant Stewart…
2Cases cited7 opinions
- State v. KennedySupreme Court of Missouri · 1903
- State v. WilliamsSupreme Court of Missouri · 1899
- State v. GatlinSupreme Court of Missouri · 1902
- State v. FoxSupreme Court of Missouri · 1899
- State v. LaughlinSupreme Court of Missouri · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. SpicaSupreme Court of Missouri · 1965
- State v. NewberrySupreme Court of Missouri · 1980
- State v. ChernickSupreme Court of Missouri · 1955
- State v. ChambersSupreme Court of Missouri · 1975
- State v. Moore.Supreme Court of Missouri · 1930
17 more not listed; retrieve them via the Exa API.