State v. Harrison
Missouri Court of Appeals
Appeal from the St. Louis Comity Circuit Court — Hon. Rudolph Hibzel, Judge. The indictment is defective, as it states facts which constitute two distinct offenses, based on two sections of the statutes, one a felony and the other a misdemeanor. R. S., sees. 3695, 3696 and 3697; State v. Green, 24 Mo. App. 227; People v. Wright, 9 Wend. 196.
1Opinion of the CourtBiggs, J.
The defendant was indicted and convicted for aiding in the escape of a prisoner from the custody of a deputy sheriff of the county. His punishment was assessed at a fine of $200, and ninety days’ imprisonment in the county jail. He appeals, and claims that the indictment is fatally defective, and that the court erred in its instructions.
In reviewing the case we can only look into the record proper, for the reason that the bill of exceptions was filed out of time. The appeal was taken at the May term, 1894. Leave was given to file bill of exceptions on or. before October 8, following. This…
2Cases cited6 opinions
- Burdoin v. Town of TrentonSupreme Court of Missouri · 1893
- Dorman v. CoonSupreme Court of Missouri · 1893
- State v. KleinSupreme Court of Missouri · 1883
- Hilderbrand v. StateSupreme Court of Missouri · 1839
- Wyllie v. HeffernanMissouri Court of Appeals · 1894
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3Cited by1 opinion
- State v. ThomasMissouri Court of Appeals · 1922