Legal Opinion

State v. Larew

Supreme Court of Missouri

Decided November 21, 1905PublishedCited by 16 opinions

Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. It is.a general rule that an indictment upon statutes, especially the most penal, must state all the circumstances which constitute the definition of the offense in the act to bring the defendant precisely within it, William v. State, 42 Miss. 328 ; State v. Latham, 73 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. Daniel G. Taylor, Judge. It is.a general rule that an indictment upon statutes, especially the most penal, must state all the circumstances which constitute the definition of the offense in the act to bring the defendant precisely within it, William v. State, 42 Miss. 328 ; State v. Latham, 73 Mo. App. 196. An indictment based upon a statute must contain and allege all the forms of expression and descriptive words which will bring the defendant precisely within the definition of the statute. State v„ Emerich, 87 Mo. 110; State v. Miller, 132…

1Opinion of the CourtGantt, J.

At the April term, 1904, of the circuit court of the city of St. Louis, the grand jury returned the following indictment against the defendant:

“The grand jurors of the State of Missouri, within and for the body of the city of St. Louis, now here in court, duly impaneled, sworn and charged, upon their oath present, that W. P. Larew, on or about the fifteenth day of April, one thousand nine hundred and three, at the city of St. Louis aforesaid, being then and there the agent, clerk, collector and servant of one Mary T. Clark (the said W. P. Larew not being then and there a person under the age…

2Cases cited12 opinions

  1. State v. TaylorSupreme Court of Missouri · 1896
  2. State v. MarshallSupreme Court of Missouri · 1865
  3. Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
  4. State v. LentzSupreme Court of Missouri · 1904
  5. Gray v. ParkerSupreme Court of Missouri · 1866

7 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Blanchard v. DormanSupreme Court of Missouri · 1911
  2. State v. AdamsSupreme Court of Missouri · 1927
  3. State v. BurgessSupreme Court of Missouri · 1916
  4. State v. PateSupreme Court of Missouri · 1916
  5. Williams v. Pemiscot CountySupreme Court of Missouri · 1939

11 more not listed; retrieve them via the Exa API.

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