State v. Hansbrough
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — lion. Frank R. Bearing, Judge. • (1) The court erred in refusing to instruct the jury that the alleged offense was barred by the statute of limitations.
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Appeal from Jefferson Circuit Court. — lion. Frank R. Bearing, Judge. • (1) The court erred in refusing to instruct the jury that the alleged offense was barred by the statute of limitations. Three years and nearly four months intervened between the alleged bigamous marriage, which occurred on the twentieth of September, 1898, and the finding of the indictment on which the case was tried, said indictment having been filed on J anuary 13, 1902. Section 2422, Revised Statutes 1899, was enacted to prevent the running of the statute during the pendency of defective indictments which may be…
1Opinion of the CourtBurgess, J.
Defendant was convicted of the crime of bigamy, and his punishment fixed at a fine of one hundred dollars, and three months’ imprisonment in the county jail. He appeals.
On January 25, 1902, which was during the January term, an indictment was returned and filed in the circuit court of Jefferson county, charging the defendant with bigamy. The unlawful marriage is charged to have been entered into on or about the twentieth day of September, 1898, which was more than three years-prior to the time of the filing of the indictment.
To show that the offense was not barred by the statute of…
2Cases cited3 opinions
- State v. CooperSupreme Court of Missouri · 1890
- State v. FitzgeraldSupreme Court of Missouri · 1882
- State v. St. JohnMissouri Court of Appeals · 1902
3Cited by9 opinions
- People v. BucknerIllinois Supreme Court · 1917
- Jackson v. PhalenSupreme Court of Missouri · 1911
- State v. CashmanSupreme Court of Kansas · 1953
- State v. StewartSupreme Court of Missouri · 1906
- Hollinghausen v. AdeSupreme Court of Missouri · 1921
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