State v. Risley
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. The defendant was indicted for obstructing a public road.
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Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus, Judge. The defendant was indicted for obstructing a public road. The indictment charged that the defendant “on, etc., at, etc., did unlawfully, willfully and knowingly obstruct a certain public road leading from the village of Dawn, west and north toward the village of Mooresville, and near where said road runs along the western line of one J. J. Bolliver’s land in section 1, township 56, range 25, by building and erecting two fences in and across said road, to the great hindrance and inconvenience of the citizens of this State, and…
1Opinion of the CourtSherwood, C. J.
The indictment is undoubtedly sufficient. The only point for discussion is, whether the State, in the circumstances of this case, is allowed an appeal. The statute provides: “ The State, in any criminal prosecution, shall be allowed an appeal only in the cases and under the circumstances mentioned in the next succeeding section.” “ When any indictment is quashed or adjudged insufficient on demurrer, or when judgment thereon is arrested, the court in which the proceedings were had, * * may cause the defendant to be committed or recognized to answer a new indictment, or if the…
2Cases cited1 opinion
- State v. BollingerSupreme Court of Missouri · 1879
3Cited by16 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- Mills v. StateSupreme Court of Florida · 1909
- State v. DuncanSupreme Court of Missouri · 1893
- United States v. HarmonDistrict Court, D. Kansas · 1891
- Morris v. United StatesCourt of Appeals for the Eighth Circuit · 1908
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