State v. Gay
Supreme Court of Missouri
ERROR to St Louis Criminal Court. 1. The indictment is in proper form. In the case of the State vs. Harrison, 9 Mo. B., 530, an indictment in this form was held good. 2. Two or more may be jointly indicted for keeping a ferry. Any number of persons may be jointly indicted for any offence which may he committed by several jointly. 3. It ia not necessary to allege that they were partners — they may not have been partners — indeed, there are no “ partners” in crime.
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ERROR to St Louis Criminal Court. 1. The indictment is in proper form. In the case of the State vs. Harrison, 9 Mo. B., 530, an indictment in this form was held good. 2. Two or more may be jointly indicted for keeping a ferry. Any number of persons may be jointly indicted for any offence which may he committed by several jointly. 3. It ia not necessary to allege that they were partners — they may not have been partners — indeed, there are no “ partners” in crime. Principals, agents and servants may all be jointly in-.dieted.
1Opinion of the Court
Scott, J.,
delivered the opirdon of the Court.
This was an indictment against the defendants for keeping a ferry without license. A demurrer to the indictment was sustained. The principal question in the cause is, whether ¡several may be joined in one indictment for keeping a ferry without license. Notwithstanding some conflict of opinion in the hooks as to the cases in which several may be •joined in one indictment for an offence, the principle seems wéll established, that notwithstanding the offence of several persons cannot but in .all cases he several, because the offence of one cannot he…
2Cases cited1 opinion
- Vaughn v. StateSupreme Court of Missouri · 1837
3Cited by11 opinions
- Davis v. StateAlabama Court of Appeals · 1913
- State v. MurphySupreme Court of Missouri · 1871
- State v. EdwardsSupreme Court of Missouri · 1875
- Gathings v. StateMississippi Supreme Court · 1870
- Saner v. PeopleColorado Court of Appeals · 1902
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