State v. Kibby

Decided April 15, 1842

Supreme Court of Missouri · decided 1842-04-15

<p>Where several felonies are joined in the same indictment, the court will compel the prosecutor to elect on which one he will proceed, but not where misdemeanors are thus joined.</p> <p>„ , Where several felonies aie ment, the compel The prosecutor to elect on ■which one he will proceed, hut not where misdemeanors ore thus joined.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1842-04-15

How this case has been cited

Cited by 5 later decisions — most recently March 1964

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion of the Court, delivered by

Scott, Judge.

¶2An 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.