State v. Miller
Supreme Court of Missouri
•Appeal from Stoddard Circuit Court. The defendant, Miller, was indicted for dealing as a merchant without a license. The indictment is as follows : “ The grand jurors, &c., do present that John Miller, late of the county of Stoddard, in the said state of Missouri, on the first day of March, A. D. 1854, at the county of Stoddard, in the said state of Missouri, did then and there, at a certain store, Stand or place occupied for that purpose, deal in the selling of goods,…
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•Appeal from Stoddard Circuit Court. The defendant, Miller, was indicted for dealing as a merchant without a license. The indictment is as follows : “ The grand jurors, &c., do present that John Miller, late of the county of Stoddard, in the said state of Missouri, on the first day of March, A. D. 1854, at the county of Stoddard, in the said state of Missouri, did then and there, at a certain store, Stand or place occupied for that purpose, deal in the selling of goods, wares and merchandise, not the growth, produce or manufacture of the state of Missouri; to-wit, he, the said John Miller,…
1Opinion of the CourtScott, Judge
This is an indictment for dealing as a merchant without' license, omitting to state the price of the merchandise sold, and *533the person to whom it was sold. The indictment was quashed, we suppose, for that reason, as from the generality of the cause contained in the motion to quash we are left to conjecture as to the precise motive which influenced the action of the court. We have frequently condemned the practice of quashing indictments prevailing in the circuits, where the motion to quash is substituted for a demurrer. This court will not reverse a judgment of the Circuit Court refusing to…
2Cases cited1 opinion
- State v. LaddSupreme Court of Missouri · 1852
3Cited by9 opinions
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. WingfieldSupreme Court of Missouri · 1893
- State v. SpainSupreme Court of Missouri · 1860
- State v. FanningSupreme Court of Missouri · 1866
- State v. HoutsMissouri Court of Appeals · 1889
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