State v. Welch
Supreme Court of Missouri
Appeal from, Pemiscot Circuit Court. I. That the record nor the caption, neither the one nor the other, shows where the pretended term of the pretended Circuit Court was begun and held, if any was so begun and held in October, 1857. II.
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Appeal from, Pemiscot Circuit Court. I. That the record nor the caption, neither the one nor the other, shows where the pretended term of the pretended Circuit Court was begun and held, if any was so begun and held in October, 1857. II. That the record shows that the grand jurors by whom the pretended indictment was found and returned a “true bill,” had been summoned and selected from a certain class, to wit, householders, and not from the general class of the free white male citizens of the State of Missouri, being residents of the county of Pemiscot, and otherwise qualified according to…
1Opinion of the CourtBates, Judge
The defendant was indicted for gaming. He at a subsequent term of the court filed a plea in abatement, alleging that the grand jury which found the indictment had not been summoned in the manner provided by law, and setting out the particulars in which the law was departed from. The circuit attorney demurred to the plea in abatement, and the demurrer was sustained. The defendant then pleaded not guilty, was tried, convicted, and fined.
The only question is upon sustaining the demurrer to the plea in abatement.
It is objected here that the plea in abatement was not supported by affidavit, but…
2Cases cited1 opinion
- State v. BleekleySupreme Court of Missouri · 1853
3Cited by12 opinions
- State v. KingSupreme Court of Missouri · 1938
- State v. RichettiSupreme Court of Missouri · 1938
- Fooshee v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. CraneSupreme Court of Missouri · 1907
- State v. BrownSupreme Court of Missouri · 1877
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