State v. Gardner
Supreme Court of Missouri
Error to Polk Circuit Court. The following is the indictment in this case : “ The grand jurors, &c., present that John Gardner, of, &c., on, &c., at, I. The indictment is not good either upon the statute or at common law. (2 Bailey, 149; 8 Mo. 494; 1 Cliitt. G. L. 168.) It should have been stated that the acts constituting the offence were openly and notoriously committed; that the act was committed publicly, or in a public place, or in public view.
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Error to Polk Circuit Court. The following is the indictment in this case : “ The grand jurors, &c., present that John Gardner, of, &c., on, &c., at, I. The indictment is not good either upon the statute or at common law. (2 Bailey, 149; 8 Mo. 494; 1 Cliitt. G. L. 168.) It should have been stated that the acts constituting the offence were openly and notoriously committed; that the act was committed publicly, or in a public place, or in public view. (2 Cox, C. O. 376; 13 Jurist, 42; 5 Barb. 203.) The names of the persons in whose view the alleged exposure took place should have been stated.…
1Opinion of the CourtRici-iardsoN, Judge
The indictment not only charged the defendant generally in the words of the statute with being “ guilty of an open and notorious act of public indecency, grossly scandalous,” *91but specified with sufficient certainty the act that constituted the offence.
The indictment was sufficient, and the judgment will be affirmed;
Judge Scott concurring. Judge Napton absent.
2Cited by10 opinions
- State v. HaywardSupreme Court of Missouri · 1884
- State v. TerrySupreme Court of Missouri · 1891
- State v. MeysenburgMissouri Court of Appeals · 1902
- State v. WilkersonSupreme Court of Missouri · 1902
- State v. WolfMissouri Court of Appeals · 1922
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