71 Mo. 45 | Mo. | 1879
Numerous objections are taken to the correctness of the action of the trial court, but as it is unnecessary to notice but one, that one being decisive of this case, we will confine our attention to it. Section 4, page 1087, 2 "Wagner’s Statutes, provides: “ If there be, at any time, pending against the same defendant two indictments for the same offense, or two indictments for the same matter, although charged as different offenses, the indictment first found shall be deemed to be suspended by such second indictment and shall be quashed.” We cannot sanction the view of counsel for the State that “ the finding of the second indictment under the statute, ipso facto, quashed the one theretofore found.” It is quite too plain for argument that the statute in question contemplates some action of the court before the first indictment