State v. Kibby
This text of 7 Mo. 317 (State v. Kibby) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion of the Court, delivered by
An indictment was found against Kibby and others, containing two counts, one charging them with acting as grocers, without license, and the other with keeping a dram-shop, without license. On the trial, the circuit court compelled the circuit attorney to elect on which count he would proceed. This was objected to, and is the error assigned. The joinder of several offences in the same indictment in different counts, is no cause of demurrer, or arrest of l’udg- ° ment. • But in such cases, when the crimes alleged are felonies the court will compel the prosecutor to elect on which one he will proceed. This, however, is never done where the indictment is for misdemeanors. Storrs v. State, 3 vol. Mo. Rep.
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7 Mo. 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kibby-mo-1842.