State v. Sides
Supreme Court of Missouri
Jipjieal from, McDonald Goivnty Circuit Court. It is not necessary in an indictment for murder to charge in what county the deceased died, or when he died The words of the indictment are susceptible of no other construction than that Martin died in the county of McDonald, and on the day before alleged in said indictment, to-wit: the 3rd day of February, 1373. (State vs. Harvey, 67 N. O. 467 State vs. Ryan, 13 Minn. 370.) Chit. Cr. Law, 737 ; 2 Hale, 179 ; Cro. Eliz. 738.
1Opinion of the CourtNorton, Judge
The defendant in this case was indicted in the McDonald Circuit Court, at its February term, 1873, for murder, in billing one John Martin.
After various continuances of the cause, at the instance of defendant and on his motion and affidavit, a change of venue was awarded by the said circuit court, at its October term, 1874, to the circuit court of Newton county. Defendant filed in the latter court, at its February term, 1875, his motion to quash the indictment, which was sustained, and the defendant discharged. From this action of the court the State has appealed.
■ The causes assigned in the…
2Cited by12 opinions
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- State v. HouxSupreme Court of Missouri · 1891
- State v. BlanSupreme Court of Missouri · 1879
- Larson v. StateSupreme Court of Missouri · 1969
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