State v. Berry
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. The indictment is insufficient. It neither charges that the defendants assembled “ with intent,” nor that, “ being assembled,” agreed, &c. The character of the violence intended is not stated. (9 Mo. 285.) A threat is not an act prohibited in the sixth section. (14 Mo. Eep. 147.) 2. The fine should have been separately assessed. .(10 Mo. Eep. 440. 7 Dana, 229.)
1Opinion of the CourtRyland, Judge
The defendants were indicted by the grand jury of Lawrence county, at the October term of the Circuit Court, in the year eighteen hundred and fifty-two, for an alleged violation of the statute (art. 7, secs. 6 and 8, .p. 394-5, E. C. 1845,) concerning Crimes and Punishments. They were tried at the October term, 1853, and were found guilty. The jury returned a verdict of guilty generally against all three of the defendants, and assessed their punishment at eighty-one dollars.
The defendants moved for a new trial, which was overruled; they also moved in arrest of judgment, which being overruled,…
2Cases cited2 opinions
- State v. GaySupreme Court of Missouri · 1847
- Barada v. StateSupreme Court of Missouri · 1850
3Cited by3 opinions
- State v. ThornhillSupreme Court of Missouri · 1903
- State v. HicksMissouri Court of Appeals · 1913
- In Re CoderMissouri Court of Appeals · 1931