State v. Owens
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The indictment charges no offense against the laws of Missouri, as it was not charged that the defendant escaped from an officer having legal custody of him, while going to jail.
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The indictment charges no offense against the laws of Missouri, as it was not charged that the defendant escaped from an officer having legal custody of him, while going to jail. Sec. 4381, R. S. 1909. (2). The indictment does not charge that defendant was lawfully in the custody of N. P. Webster, the street commissioner, at the time of his escape, nor does it state facts sufficient to show that said Webster’s custody was lawful. Church on Habeas Corpus, • 169. (3) There can be no escape when the defendant was not lawfully in…
1Opinion of the Court
WILLIAMS, C.
— Under an indictment attempting to charge the defendant with a violation of section 4381, Revised Statutes 1909, defendant was tried in the circuit court of Howell County, found guilty and his punishment assessed at two years in the penitentiary. Defendant has duly perfected an appeal to this court. ,
*483Due to the conclusion which we have reached in this case, it will only be necessary to consider the indictment, which, omitting caption and formal parts, was as follows:
“The grand jurors for the State of Missouri, summoned from the body of Howell County, impaneled, sworn and charged…
2Cases cited4 opinions
- State v. LovellSupreme Court of Iowa · 1867
- State v. ChapmanSupreme Court of Kansas · 1885
- Gibson v. StateSupreme Court of Georgia · 1869
- Remmington v. StateOregon Supreme Court · 1860
3Cited by5 opinions
- State v. BartleySupreme Court of Missouri · 1924
- State v. GilmoreOregon Supreme Court · 1964
- State v. BettertonSupreme Court of Missouri · 1927
- State v. HeckmanMissouri Court of Appeals · 1974
- State v. RallsMissouri Court of Appeals · 1979