State v. Oakes
Supreme Court of Missouri
Appeal from Henry Circuit Court. — How. N. M. Bradley, Special Judge. • (1) There was error upon the part of the trial court in sustaining the demurrer to defendant’s plea in bar. (a) That there was a previous acquittal upon the first count of the indictment (which, for the purpose of this case, must and will be considered a separate indictment) is apparent, not only from the plea in bar, but from the record proper in the case.
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Appeal from Henry Circuit Court. — How. N. M. Bradley, Special Judge. • (1) There was error upon the part of the trial court in sustaining the demurrer to defendant’s plea in bar. (a) That there was a previous acquittal upon the first count of the indictment (which, for the purpose of this case, must and will be considered a separate indictment) is apparent, not only from the plea in bar, but from the record proper in the case. Even where the verdict is silent as to one or more counts, it amounts to an acquittal on those counts. State v. Gannon, 11 Mo. App. 504; State v. Cofers, 68 Mo. 120;…
1Opinion of the CourtFox, P. J.
This cause is here upon appeal by the defendant from a judgment of the Henry Circuit Court, convicting him, under the provisions of section 1845-, Revised Statutes 1899', of defiling his ward.
At the September term, 1905, of the circuit court of Henry county the grand jury returned an indictment against the defendant, embracing in such indictment three counts. The first count charged him, under *95the provisions of the statute, with having carnal knowledge of Opal Khaus, an unmarried female between the ages of fourteen and eighteen years, of previously chaste character; the second count charged…
2Cases cited2 opinions
- State v. HesterlySupreme Court of Missouri · 1904
- State v. LaughlinSupreme Court of Missouri · 1904
3Cited by12 opinions
- State v. ToombsSupreme Court of Missouri · 1930
- State v. HealySupreme Court of Minnesota · 1917
- State v. BakerSupreme Court of Missouri · 1955
- State v. BowlesSupreme Court of Missouri · 1962
- In re BrownSupreme Court of Kansas · 1934
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