State v. Gilson
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Hon. J. W. Alexander, Judge. (1) The indictment in this cause is fatally defective. There is no venue stated on the margin, and nothing to show that the deliberations of the grand jurors took place in Livingston county, Missouri. It is signed by J. H. Lowe, foreman, and Frank S. Miller, prosecuting attorney.
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Appeal from Livingston Circuit Court. — Hon. J. W. Alexander, Judge. (1) The indictment in this cause is fatally defective. There is no venue stated on the margin, and nothing to show that the deliberations of the grand jurors took place in Livingston county, Missouri. It is signed by J. H. Lowe, foreman, and Frank S. Miller, prosecuting attorney. Whether J. H. Lowe was foreman of the grand jury or some other body, or whether Frank S. Miller was prosecuting attorney of Livingston county, Missouri, or Jackson county, Missouri, the defendant by this indictment is not advised. E. S. 1899, sec.…
1Opinion of the CourtEllison, J.
The defendant was indicted, tried, and convicted in Livingston county for selling intoxicating liquors without dramshop-keeper’s license.
One point urged by defendant on his appeal is that the indictment is insufficient in that there is nothing to show that the deliberation of the grand jury was in Livingston county; and that it is signed by the foreman of the jury as “foreman,” and by the prosecuting attorney as “prosecuting attorney,” but that it should have been signed by the foreman as “foreman of the grand jury,” and by the attorney as “prosecuting attorney of Living*654ston county.” That by…
2Cited by3 opinions
- Edwards v. United StatesCourt of Appeals for the Tenth Circuit · 1940
- State v. WalkerMissouri Court of Appeals · 1908
- State v. WalkerSupreme Court of Missouri · 1909