State v. Cave
Supreme Court of Missouri
Appeal from Bates Circuit Court.—Hon. J. B. Gantt, Judge. In a somewhat similar case to this, it was held that the indictment was not sufficient. State v. Holden, 48 Mo. 94; State v. Keel, 54 Mo. 184; State v. Hamilton, 65 Mo. 669. The indictment only alleges in the language of the pleader the substance and effect of defendant’s testimony. Defendant’s language, in whole or in part, should have been set out, so that the court might determine its effect.
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Appeal from Bates Circuit Court.—Hon. J. B. Gantt, Judge. In a somewhat similar case to this, it was held that the indictment was not sufficient. State v. Holden, 48 Mo. 94; State v. Keel, 54 Mo. 184; State v. Hamilton, 65 Mo. 669. The indictment only alleges in the language of the pleader the substance and effect of defendant’s testimony. Defendant’s language, in whole or in part, should have been set out, so that the court might determine its effect. The only point which can be raised upon the record is the sufficiency of the indictment. The indictment is sufficient. It names the cause in…
1Opinion of the CourtNorton, J.
Defendant was indicted, in the Bates county circuit court, for perjury, and on trial was convicted and his punishment assessed at seven years’ imprisonment in the penitentiary, and the cause is brought to this court by writ of error, and the only question presented is, whether the indictment is sufficient in law.
The indictment charges that, in the Bates county circuit court, one Isaac McKinzie was, in due form of law, *452tried upon a certain indictment then and there depending against him, the said Isaac McKinzie, and of which the court had jurisdiction, for having on or about the 2nd day of…
2Cases cited2 opinions
- State v. KeelSupreme Court of Missouri · 1873
- State v. HoldenSupreme Court of Missouri · 1871
3Cited by8 opinions
- State v. GordonSupreme Court of Missouri · 1906
- State v. HuckebySupreme Court of Missouri · 1885
- Wolfe v. Supreme Lodge Knights & Ladies of HonorSupreme Court of Missouri · 1901
- State v. PowersSupreme Court of Missouri · 1896
- State v. TedderSupreme Court of Missouri · 1922
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