State v. Owen
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Trial before Jonas-J. Clark, Esq., sitting as Special Judge. On the 4th day of February, 1880, the grand jury of Livingston county returned an indictment against defendant, Charging him with the larceny of a mare, th'e property of one Edward A. Evans, on the 20th day of April, 1879. On the 28th day of September, 1881, defendant was tried And found guilty on this indictment, but on the 8th of the following October he was awarded a new…
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Appeal from Livingston Circuit Court. — Trial before Jonas-J. Clark, Esq., sitting as Special Judge. On the 4th day of February, 1880, the grand jury of Livingston county returned an indictment against defendant, Charging him with the larceny of a mare, th'e property of one Edward A. Evans, on the 20th day of April, 1879. On the 28th day of September, 1881, defendant was tried And found guilty on this indictment, but on the 8th of the following October he was awarded a new trial. In January, 1882, there was a mistrial. Afterward, on the 28th of the same month, the grand jury returned a new…
1Opinion of the Court
I
Sherwood, J.
The defendant was indicted in the Livingston circuit court. The indictment contained two counts, the first for larceny, in stealing a mare; the second for feloniously embezzling the same. Upon trial had, the defendant was found guilty on the first count, and not guilty as to the second, and judgment of discharge entered accordingly. For a fatal defect in the first count, the judgment was arrested, and upon another indictment being *375found for larceny alone, the defendant interposed liis plea of autrefois acquit. The trial court very properly held that this plea could not prevail,…
2Cases cited6 opinions
- State v. PattersonSupreme Court of Missouri · 1881
- State v. BowenSupreme Court of Kansas · 1876
- State ex rel. Graves v. PrimmSupreme Court of Missouri · 1875
- State v. JenningsSupreme Court of Missouri · 1853
- State v. EmerySupreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. TaylorSupreme Court of Missouri · 1896
- Davenport v. StateCourt of Criminal Appeals of Oklahoma · 1921
- State v. GoddardSupreme Court of Missouri · 1901
- McCoy v. StateSupreme Court of Arkansas · 1885
- Lovell v. DavisMissouri Court of Appeals · 1893
8 more not listed; retrieve them via the Exa API.