Legal Opinion

State v. Anderson

Supreme Court of Missouri

Decided April 15, 1886PublishedCited by 32 opinions

Appeal from Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1) Tbe defendants having been acquitted of murder in tbe first degree in tbis case, on a former trial, tbe conviction for murder in tbe first degree at tbe last trial was wrong, unless there is some provision in tbe constitution changing tbe law on that subject.

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Appeal from Carroll Circuit Court. — Hon. J. M. Davis, Judge. (1) Tbe defendants having been acquitted of murder in tbe first degree in tbis case, on a former trial, tbe conviction for murder in tbe first degree at tbe last trial was wrong, unless there is some provision in tbe constitution changing tbe law on that subject. State t>. Aoss, 29 Mo. 32. Tbe present constitution'provides: “Nor shall any person, after being once acquitted by a jury, be again, for tbe same offence, put in jeopardy of life or liberty; but * * * if judgment on a verdict of guilty be reversed for error in law, nothing…

1Opinion of the Court

Shebwood, J. — The

defendants were indicted for the murder of John Rea, the indictment charging Anderson as the principal, and Baugh as accessory. The crime was charged to have been committed by shooting with a shot gun; and on being tried they were convicted •of murder in the first degree, and sentenced accordingly. At a former trial they were convicted of murder in the second degree, but on appeal that judgment was reversed because of the absence of certain instructions, which there is every reason to believe the trial court gave, but which were not incorporated in the bill of ex- '…

2Cases cited9 opinions

  1. State v. HopkirkSupreme Court of Missouri · 1884
  2. State v. RossSupreme Court of Missouri · 1859
  3. Stover v. . People of the State of N.Y.New York Court of Appeals · 1874
  4. State v. DicksonSupreme Court of Missouri · 1883
  5. State v. PhillipsSupreme Court of Missouri · 1857

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3Cited by32 opinions

  1. Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
  2. State v. SnyderSupreme Court of Missouri · 1904
  3. State v. OrrickSupreme Court of Missouri · 1891
  4. Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
  5. Von Patzoll v. United StatesCourt of Appeals for the Tenth Circuit · 1947

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