State v. Estis
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. Geo. W. Dunn, Judge. Indictment for resisting arrest by a constable. During the argument of the case to the jury the prosecuting attorney made use of this remark: Malice may bud and bloom in a man’s heart almost in a moment, or in a short time. The other facts appear in the opinion.
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Appeal from Clay Circuit Court. — Hon. Geo. W. Dunn, Judge. Indictment for resisting arrest by a constable. During the argument of the case to the jury the prosecuting attorney made use of this remark: Malice may bud and bloom in a man’s heart almost in a moment, or in a short time. The other facts appear in the opinion. Defendant was convicted and appealed. 1. The indictment does not charge, nor is it proven, that at the time of the commission of the alleged offense the constable had in his possession a warrant for the arrest of defendant. Without this he had no right to make the arrest, and…
1Opinion of the CourtSherwood, C. J.
Various objections are urged against the indictment, which is in these words :
State of Missouri, 1 County of Clay, } ss'
In the circuit court of Clay county, Missouri, February term, A. D. 1879: The grand jurors for the State of Missouri, summoned from the body of the county of Clay aforesaid, empaneled, charged and sworn, upon their oaths present, that on the 6th day of November, 1876, at the county of Clay aforesaid, John V. B. Black came before James P. Withers, who was then and there a justice of the peace in and for Fishing River township, in said county, and then and there made complaint…
2Cases cited5 opinions
- State v. EdwardsSupreme Court of Missouri · 1875
- State v. SteeleySupreme Court of Missouri · 1877
- State v. StumboSupreme Court of Missouri · 1858
- State v. WilcoxenSupreme Court of Missouri · 1866
- State v. PhelanSupreme Court of Missouri · 1877
3Cited by5 opinions
- State v. UnderwoodSupreme Court of Missouri · 1881
- State v. BondSupreme Court of Missouri · 1905
- State v. DoyleSupreme Court of Missouri · 1891
- State v. StokesSupreme Court of Missouri · 1921
- Missouri v. JumpMissouri Court of Appeals · 1914