Bricker v. Missouri Pacific Railway Co.
Citations
- 83 Mo. 391
Syllabus
<p>1. Pleading : several counts. When a pleader includes in his statement or petition several distinct causes of action, it is unnecessary for him to repeat allegations which are applicable to them all. It is sufficient that such allegations refer to and are applicable to each count which might be defective without them.</p> <p>2. Several Counts : general verdict, when improper. A general verdict for the plaintiff in such case is improper and this rule applies to cases tried in thé circuit court on appeals from justices of the peace as well as to those originating in the circuit court.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining ‘‘a defendant’s posture in plea negotiations at a date after the alleged offense . . . is at best weak evidence of the defendant’s state of mind at the time of the alleged crime, and is not relevant to any other element of a chargeable offense’’
- plea discussions which did not result in a plea were not admissible in a criminal prosecution
- court concludes as matter of law that rejection of beneficial plea offer is not “favorable proof,” where little if any probative value outweighed by risk of prejudice
- “a defendant’s posture in plea negotiations at a date after the alleged offense ... is at best weak evidence of the defendant’s state of mind at the time of the alleged crime”
Source: CourtListener parenthetical corpus (CC0).
Judges: Martin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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