79 Mo. App. 99 | Mo. Ct. App. | 1899
This is an appeal from a conviction for misdemeanor on the following information:
“T. D. Hines, prosecuting attorney, etc., informs A. H. Grant, a justice of the peace, etc., that Vince Nitch, the defendant in the above entitled cause, at the county and state aforesaid, on or about the 1st day of December, 1896¿ and at divers times and on divers days between said 1st day of December, 1896, and the 27th day of March, 1897, unlawfully, willfully and maliciously did break, injure and destroy the walls of a certain building, to wit, a limekiln, the property of Isiah H.Poe, and situated on the land of Isiah H. Poe, inwkicksaid Vince Nitch had no interest, by then and there tearing and severing from the walls of said limekiln, the said limekiln
Defendant moved to quash the information on two grounds; first, that it stated two distinct offenses, one under section 3592, and one under section 3593 of the Eevised Statutes 1889; and second, because two separate and distinct offenses are charged in one count. The motion was overruled. The court gave the following instruction: “The jury are further instructed that by the information upon which the defendant is being tried he is charged with two separate and distinct offenses. If you believe from the evidence that defendant is guilty of either offense named in the information, you may find him guilty of either, as you may believe the evidence warrants, but you can not convict him of both.” The jury returned the following verdict: “We, the jury, find the defendant guilty and do assess his punishment by a fine of one dollar.”