Legal Opinion

State v. Burries

Supreme Court of Missouri

Decided February 12, 1895PublishedCited by 4 opinions

Appeal from Buchanan Criminal Court. — Hon. Silas Woodson, Judge. The appeal in this case must be determined upon the record proper. Nothing more is brought here or preserved. Appellant filed no bill of exceptions, hence there are none saved. There is no error in the record. The indictment carefully follows the language of the statute creating the offense, . and under which it is drawn.

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Appeal from Buchanan Criminal Court. — Hon. Silas Woodson, Judge. The appeal in this case must be determined upon the record proper. Nothing more is brought here or preserved. Appellant filed no bill of exceptions, hence there are none saved. There is no error in the record. The indictment carefully follows the language of the statute creating the offense, . and under which it is drawn. R. S. 1889, sec. 3480. The approved form is employed, and all material allegations are set forth. State v. Meinhart, 73 Mo. 563; State v. Wray, 109 Mo. 597. The crime of rape is one for which the penalty of…

1Opinion of the CourtSherwood, J.

— The defendant, whose true name it now appears, was Joseph Burries, was indicted under the provisions of section 3480, Revised Statutes, 1889, for the crime of rape, and upon conviction was sentenced to be hanged, and appeals to this court.

The indictment, omitting caption, is the following: “The grand jurors for the state of Missouri, within and for the body of the county of Buchanan aforesaid, being duly impaneled and sworn, upon their oaths do present that Joseph Dusty, whose true name is unknown, on the thirtieth day of July, 1894, in the county of Buchanan and state aforesaid, in and…

2Cases cited1 opinion

  1. State v. PagelsSupreme Court of Missouri · 1887

3Cited by4 opinions

  1. State v. HameySupreme Court of Missouri · 1902
  2. State v. KnockSupreme Court of Missouri · 1898
  3. State v. GeorgeSupreme Court of Missouri · 1909
  4. State v. LeeSupreme Court of Missouri · 1921

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