State v. Brown
Supreme Court of Missouri
Appeal from Wayne Circuit Court. — Son. Frank B. Searing, Judge. * (1) The third count of the indictment is good. The rule is that it is permissible to allege in the indictment that the name of the person or a fact necessary to be stated is unknown, when that name or fact is unknown and could not by the exercise of ordinary diligence have become known by the grand jury. State v. Stowe, 132 Mo. 199; State v. Thompson, 137 Mo. 623; Wharton’s Crim.
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Appeal from Wayne Circuit Court. — Son. Frank B. Searing, Judge. * (1) The third count of the indictment is good. The rule is that it is permissible to allege in the indictment that the name of the person or a fact necessary to be stated is unknown, when that name or fact is unknown and could not by the exercise of ordinary diligence have become known by the grand jury. State v. Stowe, 132 Mo. 199; State v. Thompson, 137 Mo. 623; Wharton’s Crim. Plead, and Prac., 113; Com. v. Webster, 5 Cush. 295; People v. Cronin, 34 Cal. 191; State v. Burke, 54 N. H. 92; State v. Parker, 65 N. C. 453; State…
1Opinion of the CourtSherwood, P. J.
— Charged with the murder of George L. Richardson, defendant was found guilty of that offense in the first degree, and after the usual motions, brings this cause here by appeal.
The indictment contains three counts, and is as follows:
“The grand jurors for the State of Missouri, duly impaneled, sworn and charged to inquire within and for the body of the county of Wayne, in the State of Missouri, upon their oath do present and charge that Sam Brown and William Grant, on the 20th day of March, 1900, at and in said county of Wayne and State of Missouri, then and there in and upon the body of one…
2Cases cited8 opinions
- State v. CantlinSupreme Court of Missouri · 1893
- Darrier v. DarrierSupreme Court of Missouri · 1874
- State v. FurgersonSupreme Court of Missouri · 1899
- State v. StoweSupreme Court of Missouri · 1896
- People v. Ah YuteCalifornia Supreme Court · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. DownsSupreme Court of Missouri · 1980
- State v. WestonOregon Supreme Court · 1921
- In re CarlsonWisconsin Supreme Court · 1922
- State v. Logan.Supreme Court of Missouri · 1939
- Fry v. StateCourt of Criminal Appeals of Oklahoma · 1944
10 more not listed; retrieve them via the Exa API.