State v. Anderson
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon,, Daniel G. Taylor, Judge. (1) Defendant’s plea in bar was sufficient, and the State’s demurrer admits the existence of tbe record of defendant’s former acquittal.
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Appeal from St. Louis City Circuit Court. — Hon,, Daniel G. Taylor, Judge. (1) Defendant’s plea in bar was sufficient, and the State’s demurrer admits the existence of tbe record of defendant’s former acquittal. State v. "Williams, 152 Mo. 120; State v. Moore, 156 Mo. 135. Tbe rule or test laid down by tbis court is: "When one offense is a necessary element in, and constitutes an essential part of, another offense, and both are, in fact, but one transaction, a conviction or acquittal of one is a bar to a prosecution for tbe other. State v. Williams, 152 Mo. 121; State v. Huffman, 136 Mo. 62;…
1Opinion of the CourtFox, J.
— At the June term, 1903, of the circuit court of the city of St. Louis the defendant in this cause was indicted for obtaining money from Patrick J. Keane under false pretenses. At the December term, 1903, of said court, with the consent of the court, a nolle prosequi was entered in said cause, and the same was by the circuit attorney dismissed; and at the same term of court, for the commission, of the same act, the circuit attorney filed an information against the defendant, charging him with grand larceny. To this information, defendant entered his plea of not guilty. Upon the trial of the…
2Cases cited6 opinions
- Loomis v. . PeopleNew York Court of Appeals · 1876
- Smith v. . People of the State of N.Y.New York Court of Appeals · 1873
- State v. SmithSupreme Court of Vermont · 1871
- Hildebrand v. . People of the State of N.Y.New York Court of Appeals · 1874
- The People v. . McDonaldNew York Court of Appeals · 1870
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3Cited by13 opinions
- State v. HauckNebraska Supreme Court · 1973
- State v. HartwellSupreme Court of Missouri · 1956
- State v. WeinhardtSupreme Court of Missouri · 1913
- Reeves v. StateCourt of Criminal Appeals of Oklahoma · 1927
- Morris Plan Co. of St. Joseph v. CommissionerUnited States Board of Tax Appeals · 1940
8 more not listed; retrieve them via the Exa API.