Legal Opinion

State v. Weber

Supreme Court of Missouri

Decided October 15, 1855PublishedCited by 11 opinions

Appeal f rom St. Louis Criminal Court. The facts sufficiently appear in the opinion, of the court. 1. The court below erred in arraigning the defendant after the jury had been empannelled and sworn, and the trial had been proceeded with ; and the discharging of the jury, without their rendering a verdict after the defendant had been put upon his trial under a charge of felony, is tantamount to an acquittal. That an arraignment is necessary, see 1 Chitty Crim.

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Appeal f rom St. Louis Criminal Court. The facts sufficiently appear in the opinion, of the court. 1. The court below erred in arraigning the defendant after the jury had been empannelled and sworn, and the trial had been proceeded with ; and the discharging of the jury, without their rendering a verdict after the defendant had been put upon his trial under a charge of felony, is tantamount to an acquittal. That an arraignment is necessary, see 1 Chitty Crim. Law, 418; 2 Hale, 216, 218 ; 3 Mod. 265; 1 Show. 131 ; Com. Dig. tit. Indictment, M.; Hale’s P. C. 293. It was erroneous to permit the…

1Opinion of the CourtRyland, Judge

The defendant was indicted for an assault with the intent to kill one Frederick Kolb. The indictment contained three counts; the first count charged the assault and stabbing to have been done by the defendant, with malice aforethought, with intent to kill. The second count with stabbing, with intent to kill; the same as the first count, leaving out the charge of malice. The third.count charges that the defendant feloniously and wilfully, and by his act and procurement, did strike, stab, penetrate and cut the said Kolb, giving to him one wound, of the length of one inch, and of the depth of…

2Cases cited1 opinion

  1. State v. HarlowSupreme Court of Missouri · 1855

3Cited by11 opinions

  1. United States v. BennettU.S. Circuit Court for the District of Southern New York · 1879
  2. State v. SaundersSupreme Court of Missouri · 1873
  3. People v. MonaghanCalifornia Supreme Court · 1894
  4. State v. KinghornWashington Supreme Court · 1909
  5. State v. HorineSupreme Court of Kansas · 1904

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