State v. Bruffey

CourtUnited States State Supreme Court of Missouri
Citation75 Mo. 389
PartiesTHE STATE, Appellant, v. BRUFFEY.
Decision Date30 April 1882
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10 cases
  • The State v. Goddard
    • United States
    • United States State Supreme Court of Missouri
    • April 23, 1901
    ...... where a conviction of murder in the second degree on an. indictment charging murder in the first degree, has been set. aside, the defendant can not again be tried for murder in the. first degree. [ State v. Billings, 140 Mo. 193, 41. S.W. 778; State v. Simms, 71 Mo. 538; State v. Bruffey, 75 Mo. 389 at 393; State v. Anderson, . 89 Mo. 312, 1 S.W. 135; State v. Punshon, 133 Mo. 44, 34 S.W. 25.]. . .          But in. this case the defendant was convicted of murder in the second. degree only -- a grade of which he was convicted on the first. trial, and of which ......
  • State v. Peters, 75036
    • United States
    • United States State Supreme Court of Missouri
    • May 25, 1993
    ...this case. Until today, the rule in Missouri has been that a jury's verdict of acquittal may not be subverted in any way. In State v. Bruffey, 75 Mo. 389 (1882), this Court held that where a new trial is granted after the jury has returned a verdict of guilty on one count but of acquittal o......
  • State v. Steeves
    • United States
    • Supreme Court of Oregon
    • March 2, 1896
    ...... indictment charging the commission of a crime in a superior. degree he could not be retried for the higher degree. State v. Ross, 29 Mo. 32; State v. Kattlemann, 35 Mo. 105; State v. Smith, 53 Mo. 139; State v. Brannon, 55 Mo. 63; State v. Bruffey, 75 Mo. 389. On November 30, 1875, that state. adopted a new constitution, which contained the provision. (section 23, art. 2) that, "if judgment on a verdict of. guilty be [29 Or. 110] reversed for error in law, nothing. contained herein shall prevent a new trial of the ......
  • State v. Hall
    • United States
    • Court of Appeal of Missouri (US)
    • February 7, 1910 a second prosecution for such offense. The same rule applies to separate counts of an indictment as to separate indictments. State v. Bruffey, 75 Mo. 389; v. Owen, 78 Mo. 367; Constitution of Mo., Art. 2, sec. 23; State v. Newkirk, 49 Mo. 472; State v. Moore, 156 Mo. 135. (5) It is only ......
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