State v. Mathews
Supreme Court of Missouri
APPEAL from Marion Circuit Court. I, A motion to quash is not the proper remedy where the objection is merely to the juris* diction oí the court. This defence being onlv available by plea in abatement. IE The indictment is good upon its face, and therefore it was error to quash.
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APPEAL from Marion Circuit Court. I, A motion to quash is not the proper remedy where the objection is merely to the juris* diction oí the court. This defence being onlv available by plea in abatement. IE The indictment is good upon its face, and therefore it was error to quash. If the motion to quash was intended to reach the objection that “the statute, upon which the indictment is based, was repealed before the Indictment was preferred, then still this objection can avail nothing, for the reason that the common law rule relative to the effect of a penal statute, (on proceedings already…
1Opinion of the CourtRyland, J.
The defendant, George W. Mathews, was indicted for neglect of duty as a road overseer, in the Marion circuit court, at March term, 1849.
The indictment was returned into court by the grand jury on the 14th day of March, 1849. It charged, that the said defendant was overseer of a certain road district in said county of Marion, on the 25th of February, 1849, and that as such road overseer, he failed and wilfully neglected to keep the road in repair, on the 6th of March, 1849, setting forth formally the duties, and specifying the neglects of the said overseer.
The defendant appeared in court and…
2Cited by4 opinions
- State v. WilliamsSupreme Court of Missouri · 1961
- State v. KrouseMissouri Court of Appeals · 1913
- Gary L. Mitchell v. Don PhillipsSupreme Court of Missouri · 2020
- STATE OF MISSOURI v. ANGELA M. PLIEMLINGMissouri Court of Appeals · 2022