State v. Carr

on rehearing.

Sherwood, J.

We are asked to rehear this case on the ground that our decision is in conflict with a controlling decision of this court evidently overlooked by us, as it is said, and in conflict, also, with an express statute. To support the first'ground, State v. Burgdoerfer, 107 Mo. 1, is cited. We did not overlook that ease; it is “an old acquaintance.” But there the-objection we took in this case to the State bringing error upon the quashing of an indictment and only on quashing an indictment, was entirely unnoticed, either by court or counsel, and consequently the ruling in…