State v. Krueger
Supreme Court of Missouri
Appeal from Lafayette Criminal Court. — Hon. John E. Ryland, Judge. (1) The statute only applies to judges and clerks of election and persons ejusdem generis. State v. Schuch-man, 33 S. W. Rep. See, also, Endlich on Interpretation of statutes, secs. 85 and 358. (2) The indictment does not inform the defendant of the nature and cause of the accusation against him and is defective in substance.
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Appeal from Lafayette Criminal Court. — Hon. John E. Ryland, Judge. (1) The statute only applies to judges and clerks of election and persons ejusdem generis. State v. Schuch-man, 33 S. W. Rep. See, also, Endlich on Interpretation of statutes, secs. 85 and 358. (2) The indictment does not inform the defendant of the nature and cause of the accusation against him and is defective in substance. “It is no more allowable under a statutory charge to put the defendant on trial without specification of the offense than it would be under a common law charge. Wharton, Crim. PL and Prac., sec. 220;…
1Opinion of the CourtBtjrgess, J.
On change of venue from the criminal court of Jackson county to the criminal court of Lafayette county, the defendant was tried and convicted, and his punishment fixed at a fine of $100, under an indictment which, leaving off the formal parts, reads as follows:
“The grand jurors for the state of Missouri, summoned from the body of the county of Jackson, being duly selected, impaneled, sworn, and charged to inquire of and concerning crimes and offenses within and for the body of said county and state, and true presentment make, on their oath, present and charge: That on the first Tuesday after…
2Cases cited10 opinions
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- State v. HaywardSupreme Court of Missouri · 1884
- State v. SchuchmannSupreme Court of Missouri · 1896
- State v. TerrySupreme Court of Missouri · 1891
- State v. DavisSupreme Court of Missouri · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Ex Parte RoquemoreCourt of Criminal Appeals of Texas · 1910
- Sheely v. PeopleSupreme Court of Colorado · 1912
- Ex Parte MuckenfussCourt of Criminal Appeals of Texas · 1908
- State v. DewittSupreme Court of Missouri · 1899
- State v. LloydSupreme Court of Missouri · 1928
19 more not listed; retrieve them via the Exa API.