State v. Fenly
Supreme Court of Missouri
Jiff tal-from, St. Clair Circuit Court. 1. The record having been filed in the St. Clair Circut Court on the first day of the term, the cause ought not to have been tried until the next succeeding term. The determination of a motion to quash is a trial, within the meaning of the rule of the Circuit Court. 2. A motion to quash will not lie in a case of felony. A defect in the indictment, in such a case, can only be taken advantage of by demurrer. 1 Chitty’s Crim.
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Jiff tal-from, St. Clair Circuit Court. 1. The record having been filed in the St. Clair Circut Court on the first day of the term, the cause ought not to have been tried until the next succeeding term. The determination of a motion to quash is a trial, within the meaning of the rule of the Circuit Court. 2. A motion to quash will not lie in a case of felony. A defect in the indictment, in such a case, can only be taken advantage of by demurrer. 1 Chitty’s Crim. Law, 299. 11 Mo. Rep. 28. 3. The indictment is substantially good. R. C. 1845, p. 351, secs. 15 and 16. It brings the offence…
1Opinion of the CourtRyland, Judge
The defendant was indicted at the April term, 1853, of the Circuit Court for the county of Polk, for the crime of forgery. On his petition, the venue was changed in this cane, to the county of St. Clair, and said Fenly entered into recognizance to appear at the next succeeding term of the Circuit Court for said last mentioned county. At the May term of the 'Circuit Court of St. Clair county next following the change of •venue, the defendant appeared and filed his motion to quash ■the indictment in this case. This motion is as follows :
“ Fenly, ads. State of Missouri. Indictment for forgery.…
2Cases cited2 opinions
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