State v. Raymond
Missouri Court of Appeals
Appeal from the Hotoell Circuit Cou/rt. — Hon. W. N.. Evans, Judge. The exceptions made by the statute, and contained in the words “unless the same is so surrounded by artificial or natural barriers,” were not negatived by the indictment.
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Appeal from the Hotoell Circuit Cou/rt. — Hon. W. N.. Evans, Judge. The exceptions made by the statute, and contained in the words “unless the same is so surrounded by artificial or natural barriers,” were not negatived by the indictment. This is fatal to the validity of the indictment. 1 Wharton’s Criminal Law, sec. 379. When there is an exception in the enacting clause of the statute defining a crime, the indictment charging a violation of the statute' must show that the defendant is not within the exception. Malone, Criminal Brief, page-44; State v. Sutton, 24 Mo. 377; State v. Crenshaw,…
1Opinion of the CourtBond, J.
— The appellant was indicted under the provisions of section 3850.of the Revised Statutes, 1889, making it a misdemeanor for any keeper of a male horse or jack for teasing and serving mares to cause such teasing or service to be done “near a public highway * * * unless the same is so surrounded by artificial or natural barriers as to obstruct the view of persons, traveling such highway.”
The indictment framed under this section, omitting the caption, was as follows, to-wit:
“The grand jurors for the state of Missouri summoned from the body of Howell county, empaneled,, sworn and charged to…
2Cases cited6 opinions
- State v. MeekSupreme Court of Missouri · 1879
- State v. CrenshawMissouri Court of Appeals · 1890
- State v. SuttonSupreme Court of Missouri · 1857
- State v. KindrickMissouri Court of Appeals · 1886
- State v. WackerMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- City of Tarkio v. LoydMissouri Court of Appeals · 1904
- State v. SaymanMissouri Court of Appeals · 1895
- State v. PilkintonMissouri Court of Appeals · 1958
- State v. PilkintonMissouri Court of Appeals · 1958