State v. Jolly

• Decision Date: 26 November 1888
• Citation: 96 Mo. 435,9 S.W. 897
• Parties: STATE v. JOLLY.
• Court: Missouri Supreme Court

9 S.W. 897

96 Mo. 435

STATE v. JOLLY.

Supreme Court of Missouri.

November 26, 1888.

CRIMINAL LAW — JURISDICTION — TRIAL OF CONVICT.

A person undergoing confinement in jail for an escape cannot be tried for a felonious assault, on an indictment found at the same term as the former indictment and sentence, until the end of his imprisonment. SHERWOOD, J., dissenting.

Appeal from circuit court, Cooper county; E. L. EDWARDS, Judge.

Indictment against John J. Jolly for felonious assault, on which the was convicted and sentenced to two years' imprisonment in the penitentiary. Defendant appeals.

The Attorney General, for the State. Thos. B. Wright, for appellant.

NORTON, C. J.

It appears from the record in this case that in October, 1887, defendant was confined in the jail of Cooper county undergoing a sentence of imprisonment for a misdemeanor imposed by a justice of the peace of said county; that defendant and one Forbes and one Hogan, who were also imprisoned in said jail, assaulted the jailer at the door of said jail with a billet of wood, and made their escape therefrom. They were recaptured, and at the November term, 1887, of the Cooper circuit court, were jointly indicted and charged with escaping from said jail; and at said term defendant Jolly entered his plea of guilty, and his punishment was then assessed by the court at six months' imprisonment in the county jail of said county. It also appears that at said November term, 1887, of said Cooper circuit court, defendant and said Forbes and Hogan were also jointly indicted, and charged that on purpose, and of their malice aforethought, they unlawfully and feloniously assaulted one Lewis Mauphin with a club or billet of wood, the same being a deadly weapon, and likely to produce death or great bodily harm, and beat him, the said Lewis Mauphin, in the attempt to commit a felony, to-wit, the felony of unlawfully and feloniously breaking said prison and custody, and escaping therefrom. To this indictment the defendant, at said November term, 1887, pleaded not guilty, and the cause as to him was continued to the February term, 1888, of said court, and at said term he was brought from the jail where he was in confinement undergoing his sentence of imprisonment for escaping from said jail, and against his objection he was put upon his trial, convicted, and sentenced to two years' imprisonment in the penitentiary. During the progress of the trial defendant offered in evidence the record, judgment,...