State v. Smith
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The indictment should charge a complete ■offence against Ann Crockett as principal, and before starting to allege an offence against the accessories should conclude with the phrase “against the peace and dignity of the state.” No venue and time is laid in the indictment against the accessories.
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Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The indictment should charge a complete ■offence against Ann Crockett as principal, and before starting to allege an offence against the accessories should conclude with the phrase “against the peace and dignity of the state.” No venue and time is laid in the indictment against the accessories. The language in the indictment “on the twenty-eighth day of September, 1882, A. I)., at the county of Audrain,” etc., refers to the date of the arson as alleged against the principal, Ann Crockett, and not to the acts of the…
1Opinion of the Court
Ray, J. —
Defendant Ann Crocket was indicted at the June term, 1883, of the Audrain circuit court for arson, and the other defendants, Smith, Redman and Crio ver, were jointly indicted with her for inciting, etc., *41her to commit the offence. At said term' the prosecuting attorney entered a nolle as to the defendant Ann ’Crocket. A severance was taken and a separate trial of the defendant Smith at the October term resulted in the failure of the jury to agree.
At said first trial defendant made affidavit against the sheriff and his deputy, charging them with prejudice against him, and the court…
2Cases cited3 opinions
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Osborn v. StateSupreme Court of Arkansas · 1867
- Brown v. StateSupreme Court of Arkansas · 1867
3Cited by19 opinions
- State v. HopeSupreme Court of Missouri · 1889
- State v. NealSupreme Court of Missouri · 1943
- State v. DropeSupreme Court of Missouri · 1971
- State v. SmithSupreme Court of Missouri · 1959
- Kadota v. City & County of San FraciscoCalifornia Court of Appeal · 1958
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