State v. Newkirk
Supreme Court of Missouri
Error to St. Louis Court of Criminal Correction. cited in argument Prince v. Cole, 28 Mo. 486. I. The court committed no error in discharging the defendant, as it had previously heard all the testimony which the State chose to offer at the trial; and as this court had decided that the evidence offered was insufficient to sustain the charge, it would have been an infringement upon the defendant’s constitutional rights to try him again for the same offense.
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Error to St. Louis Court of Criminal Correction. cited in argument Prince v. Cole, 28 Mo. 486. I. The court committed no error in discharging the defendant, as it had previously heard all the testimony which the State chose to offer at the trial; and as this court had decided that the evidence offered was insufficient to sustain the charge, it would have been an infringement upon the defendant’s constitutional rights to try him again for the same offense. (The People v. Groodwin, 18 Johns., N. Y., 202.) II. If any error was committed by the court below, the case is not properly before this…
1Opinion of the CourtAdams, Judge
This case was before the court at the October term, 1871 (ante, p. 84), brought there by the defendant by writ of error. It ivas a prosecution for a “malicious trespass,” and this court then held that the facts as they appeared in the record did not support the charge, and reversed the judgment and remanded the cause for further proceedings. After the defendant had been found guilty he filed a motion for a new trial, which was overruled, and it was for this alleged error that he took the case to the Supreme Court.
When the case went back the defendant filed a motion to be discharged, because…
2Cases cited3 opinions
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Bruce v. VogelSupreme Court of Missouri · 1866
- Parker v. WaughSupreme Court of Missouri · 1864
3Cited by15 opinions
- State v. WoodSupreme Court of Missouri · 1980
- Hurley v. KennallySupreme Court of Missouri · 1905
- City of St. Louis v. BrooksSupreme Court of Missouri · 1891
- Hurck v. ErskineSupreme Court of Missouri · 1872
- Deiermann v. Bemis Bros. Bag Co.Missouri Court of Appeals · 1910
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