State v. Magrath
Supreme Court of Missouri
Jippectl from St. Louis Circuit Court. The defendants were indicted under the 34th and 38th sections of article 2 of the act concerning crimes and punishments, (R. O. 1845.) The indictment contained three counts.
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Jippectl from St. Louis Circuit Court. The defendants were indicted under the 34th and 38th sections of article 2 of the act concerning crimes and punishments, (R. O. 1845.) The indictment contained three counts. The third, upon which alone the defendants were convicted, was framed upon the 38th section, and was as follows : “ And the grand jurors aforesaid, upon their oath aforesaid, do further present that John Magrath, &c., on, &c., at, &c., with force and arms, in and upon one Jeremiah Ryan, in the peace of the state then and there being, feloniously did make an assault, and that they,…
1Opinion of the Court
Ryland, Judge.
1. Thé main questions in this case have substantially been passed upon by this court, in the case of Jennings v. State, 9 Mo. Rep. 852. This court will not disturb the decision in that case, and it must govern this.
2. The point about the time is not well taken. It is not important, as to what day is alleged or what day is proved, so that the time in the indictment is within the period prescribed for limiting the prosecution, and the proof is of a day before the finding of the bill of indictment by the grand jury, and ' within the period prescribed for limitation.
The judgment…
2Cases cited1 opinion
- Jennings v. StateSupreme Court of Missouri · 1846
3Cited by13 opinions
- State v. WardSupreme Court of Missouri · 1881
- Scoggins v. StateSupreme Court of Arkansas · 1877
- State v. HughesSupreme Court of Missouri · 1884
- Hutchinson v. StateIndiana Supreme Court · 1878
- Rhodes v. CommonwealthSupreme Court of Virginia · 1884
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