McWaters v. State
Supreme Court of Missouri
APPEAL from St. Charles Circuit Court. points : 1st. No prosecutor is endorsed on the indictment. 2nd. In an indictment for riot, under the 6th section of the 7th article of the act respecting crimes and punishments, it is necessary to charge in the indictment that the acts done or intended. were done or intended unlawfully.
1Opinion of the CourtMcBride, J.
The defendants were indicted with one John Dyer in the St. Charles' Circuit Court for a riot — and on trial were found guilty on the third count in the indictment, and not guilty on the remaining counts. They moved in arrest, and for a new trial, assigning all the usual reasons, and, on their motion being overruled by the Circuit Court, they appealed to this Court.
The third count of the indictment reads as follows : — “ And the jurors aforesaid, upon their oath aforesaid, further present, that the said John Dyer, Hugh McWaters and John Salmon, on the day and year aforesaid, and in the said…
2Cases cited2 opinions
- State v. BraySupreme Court of Missouri · 1822
- State ex rel. Crawl v. FurgusonSupreme Court of Missouri · 1845
3Cited by1 opinion
- Richardson v. GeorgeSupreme Court of Missouri · 1863