State v. Cook
Supreme Court of Missouri
WRIT OF ERROR from Montgomery county..
1Opinion of the CourtM’Girk, C. J.
The case is on an indictment for assault and battery. The indictment begins by saying, “ Montgomery county,” in the margin; then says, “ the defendant, at the county aforesaid, committed the assault and battery, &c.” The defendant’s counsel moved to quash the indictment, on the ground that there is no place laid in the indictment where the offence was committed, there being no place mentioned, only as above stated, by saying at the county aforesaid. The indictment was quashed ; the cause is brought here to reverse that judgment. The books appear to taire a distinction between the strictness…
2Cited by2 opinions
- McDoland v. StateSupreme Court of Missouri · 1843
- Case v. PeopleNew York Supreme Court · 1877