Legal Opinion

State v. Pemberton

Supreme Court of Missouri

Decided July 15, 1860PublishedCited by 25 opinions

Appeal from Benton Circuit Court. This was an indictment against Charles H. Pemberton for murder. The first count did not conclude “ against the form of the statute, and the peace and dignity of the state.”

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Appeal from Benton Circuit Court. This was an indictment against Charles H. Pemberton for murder. The first count did not conclude “ against the form of the statute, and the peace and dignity of the state.” The second count of the indictment, after charging a felonious, .premeditated and malicious assault by Charles H. Pemberton ' upon one Hezekiah Depew, and a felonious, premeditated and malicious wounding of the latter, mortally, by stabbing with a knife, whereof said Depew died, proceeded as follows: “ And so the jurors aforesaid, upon their oaths aforesaid, do say that the said Charles H.…

1Opinion of the CourtNapton, Judge

The first count in this indictment is bad, under the decision of this court, by reason of the omission of the words “ against the peace and dignity of the state. ” (State v. Lopez, 19 Mo. 254.)

The second count is conceded by the attorney general to be bad at the common law, in consequence of the omission of the technical word murder,” or rather the omission of the name of the deceased, in the allegation that “ so the jurors aforesaid do say that the said Charles H. Pemberton, in manner and form aforesaid, feloniously, wilfully, maliciously, deliberately, premeditatedly, on purpose, and of his…

2Cases cited2 opinions

  1. Dias v. StateIndiana Supreme Court · 1843
  2. State v. LopezSupreme Court of Missouri · 1853

3Cited by25 opinions

  1. State v. MeyersSupreme Court of Missouri · 1889
  2. National Bank of Commerce v. RipleySupreme Court of Missouri · 1901
  3. State v. CampbellSupreme Court of Missouri · 1908
  4. State ex rel. School District v. HarterSupreme Court of Missouri · 1905
  5. State v. BlanSupreme Court of Missouri · 1879

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