State v. West
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — lion. Geo. F. Longan,, J udge. (1) The trial court committed error in overruling defendant’s motion to quash tbe indictment. 21 Am. and Eng-Encv. of Law, pp. 248, 249; People v. Yice, 21 C'al. 344; 1 Bishop. 426; 2 Wharton, 2105; 1 Wharton, 290, 293; Com. v. Clifford, 8 Cush. (Mass.) 215. (2) The trial court committed error in not instructing on the whole case.
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Appeal from Pettis Circuit Court. — lion. Geo. F. Longan,, J udge. (1) The trial court committed error in overruling defendant’s motion to quash tbe indictment. 21 Am. and Eng-Encv. of Law, pp. 248, 249; People v. Yice, 21 C'al. 344; 1 Bishop. 426; 2 Wharton, 2105; 1 Wharton, 290, 293; Com. v. Clifford, 8 Cush. (Mass.) 215. (2) The trial court committed error in not instructing on the whole case. State v. Taylor, 118 Mo. 153; State v. Lake, 107 Mo. 147. (a) ■In not instructing on what facts if proven established criminal intent. State v. Johnson, 111 Mo. 578. (b) In not instructing on…
1Opinion of the CourtGantt, P. J.
The defendant with Eli T. Stubble-field was indicted at the February term, 1899, of the Pettis Circuit Court. He was duly arraigned and pleaded “not guilty.” A severance was granted and each tried separately. Defendant was convicted and sentenced to the penitentiary for ten years. He appeals.
The indictment sought to charge an offense under the act of April 2, 1895 (Laws of Missouri, 1895, p. 160), entitled “An Act in relation to the crime of train robbing and to provide a penalty therefor.”
The indictment is in these words:
“In the circuit court of Pettis county, Missouri, April term, 1899.
“Stat…
2Cases cited12 opinions
- Saunders v. PeopleMichigan Supreme Court · 1878
- State v. DuestrowSupreme Court of Missouri · 1897
- State v. YergerSupreme Court of Missouri · 1885
- State v. Van WyeSupreme Court of Missouri · 1896
- State v. HarlowSupreme Court of Missouri · 1855
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. BrownSupreme Court of Missouri · 1904
- State v. ChurchSupreme Court of Missouri · 1906
- State v. JordanSupreme Court of Missouri · 1920
- State v. SmithNevada Supreme Court · 1910
- State v. DeckerSupreme Court of Missouri · 1930
7 more not listed; retrieve them via the Exa API.