State v. Johnson
Supreme Court of Missouri
Error to dole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The indictment charges clearly and explicitly that defendant was, at the time of the commission of the arson, then and there a convict confined in the penitentiary. This complies with the requirements of the-statute making convicts subject to indictment and punishment for crimes committed while undergoing imprisonment for a former offence, and is sufficient.
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Error to dole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The indictment charges clearly and explicitly that defendant was, at the time of the commission of the arson, then and there a convict confined in the penitentiary. This complies with the requirements of the-statute making convicts subject to indictment and punishment for crimes committed while undergoing imprisonment for a former offence, and is sufficient. R. S., 1879, sec. 1668. (2) It was not necessary to set forth in detail defendant’s former crime, sentence, and length of term of confinement. The indictment is drawn in the…
1Opinion of the CourtNorton, C. J.
Defendant was indicted in the Cole county circuit court for arson in the second degree. Bpon his plea of guilty, he was sentenced to ten years-imprisonment in the penitentiary. Afterwards he filed his motion in arrest of the judgment, which being overruled, he prosecutes this writ of error to this court.
The grounds alleged in the motion to arrest the judgment are as follows : (1) That the indictment does not charge that defendant was lawfully confined in the penitentiary, and the length of term of his sentence and confinement given, nor the court that sentenced him.. (2) That it does not…
2Cases cited6 opinions
- Shepherd v. . the PeopleNew York Court of Appeals · 1859
- State v. AddcockSupreme Court of Missouri · 1877
- Martin v. BarronSupreme Court of Missouri · 1866
- State v. MurraySupreme Judicial Court of Maine · 1838
- Gunyon v. StateIndiana Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ex parte LamarCourt of Appeals for the Second Circuit · 1921
- Morton ex rel. Richardson v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1903
- State v. StacySupreme Court of Missouri · 1890
- State v. PriestSupreme Court of Missouri · 1908
- State v. HensonSupreme Court of Missouri · 1921
1 more not listed; retrieve them via the Exa API.