State v. Hudson

Decided February 16, 1897

Supreme Court of Missouri · decided 1897-02-16

— Hon. Paris C. Stepp, Judge. (1) Burglary and larceny are separate and distinct offenses, and may be prosecuted by indictment in separate counts, or be joined in one count; and the jury may find the defendant guilty of either or both. R. S. 1889, sec. 3529; State v. Hecox, 83 Mo. 531; State v. Owens, 79 Mo. 619; State v. Kelsoe, 76 Mo. 505; State v. Martin, 76 Mo. 337; State v. Hutchinson, 111 Mo. 257.

Relies on State v. Pierce

Reversed and remanded · Decided 1897-02-16

Sherwood, J.

¶1The defendant was indicted in separate counts for burglary and larceny. A trial resulted in the return of the following verdict:

“We, the jury, find the defendant guilty as charged in the indictment, and assess his punishment at imprisonment in the penitentiary for 'a term of three years.

“John Brown, Foreman. ”

¶2This verdict is so indefinite and uncertain, no count of the indictment being specified therein, that no valid judgment can be rendered thereon. State v. Pierce, 136 Mo. 34.

¶3For this reason judgment reversed and causé remanded.

All concur.