State v. Pitts
| Decision Date | 31 July 1874 |
| Citation | 57 Mo. 85 |
| Parties | STATE OF MISSOURI, Defendant in Error, v. WARREN M. PITTS, Plaintiff in Error. |
| Court | Missouri Supreme Court |
Error to Henry Circuit Court.
Waldo P. Johnson, for Plaintiff in Error.
H. Clay Ewiny, Att'y General, for Defendant in Error.
The defendant was indicted with one Carroll Brannon for robbery in the first degree.
On the trial he was convicted of robbery in the second degree, and the verdict was set aside by the court without his consent. At a subsequent term of the court, against his objection, he was again put upon trial, on the same indictment, and convicted of the crime of grand larceny. The facts, in this case, as appear by the record, are the same as those which were developed in The State vs. Brannon (55 Mo., 63), with whom the prisoner was jointly indicted, and for the reason given in the opinion in that case the judgment herein must be reversed.
All the other judges concur.
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The State v. Smith
...R.S. 1899, secs. 1893, 1900, 1901; Constitution, art. 2, secs. 22 and 30; State v. Burks, 159 Mo. 568; State v. Brannon, 55 Mo. 63; State v. Pitts, 57 Mo. 85; State Smith, 119 Mo. 439; State v. Craft, 72 Mo. 456; State v. Ellis, 74 Mo. 385. (b) Upon the whole evidence appellant was entitled......
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State v. Harper
...15, 1943. Secs. 22, 23, 28 and 30, Art. II, Mo. Constitution; State v. William Webster, 206 Mo. 558; State v. Snyder, 98 Mo. 555; State v. Pitts, 57 Mo. 85; State v. Brannon, 55 Mo. 63; Ex parte Ulrich, 42 587. (2) The court erred in giving an oral instruction and warning the jury against f......
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State v. Albritton and Taylor
...attempting to charge both first and second degree robbery and should have been made more definite and certain, or quashed. State v. Pitts, 57 Mo. 85; State v. Branon, 53 Mo. 244; State v. Smith, 119 Mo. 439; State v. Jenkins, 36 Mo. 372. There are two ways under the statute in which robbery......
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State v. Albritton
...attempting to charge both first and second degree robbery and should have been made more definite and certain, or quashed. State v. Pitts, 57 Mo. 85; State v. Branon, 53 Mo. 244; State Smith, 119 Mo. 439; State v. Jenkins, 36 Mo. 372. There are two ways under the statute in which robbery in......