State v. Wiley
Missouri Court of Appeals
Appeal from the Buehanau Criminal Court. — -Hon. B. E. Quiver, Judge. ' (1) The court erred in failing to call "a jury to try the question of former conviction. State ex rel. v. Withrow, 133 Mo. 519; State v. Van Matre, 49 Mo. 268; Railway v. Story, 96 Mo. 611. Under the common law the defendant could not waive a jury in this case and our bill of rights, section 28, refers to the common law jury.
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Appeal from the Buehanau Criminal Court. — -Hon. B. E. Quiver, Judge. ' (1) The court erred in failing to call "a jury to try the question of former conviction. State ex rel. v. Withrow, 133 Mo. 519; State v. Van Matre, 49 Mo. 268; Railway v. Story, 96 Mo. 611. Under the common law the defendant could not waive a jury in this case and our bill of rights, section 28, refers to the common law jury. See cases cited, supra; also Ooncemix v. People, 18 N. Y. 135; State v. Stewart, 89 N. C. 563; Stewart v. Kimball, 43 Mich. 448. (1) This charge against the defendant being a misdemeanor, a jury can…
1Opinion of the CourtGrILL, J.
Defendant was indicted, tried and convicted of keeping a bawdy house in the city of St. Joseph. The grounds of defendant’s appeal will be noticed in the order of her counsels’ brief.
At the trial defendant interposed what is denominated a plea of former conviction for the same offense. In this she alleged that she had theretofore been found guilty in tho recorder’s court of St. Joseph of the identical offense charged in the indictment. As to this the record reads: “Oomes now the defendant and files plea in bar which is now here taken up, considered by the court and overruled, and this cause *63com…
2Cases cited1 opinion
- State v. LargerSupreme Court of Missouri · 1870
3Cited by2 opinions
- Cobb v. CommonwealthSupreme Court of Virginia · 1929
- State v. FinleyMissouri Court of Appeals · 1912