State v. Clark
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. John W. . Wohford, Judge. (1) The indictment in this cause is fatally defective, in that it does not sufficiently charge the defendant with a public offense, nowhere sufficiently connects the defendant with the act complained of, but is vague, indefinite and repugnant.
Read the full summary
Appeal from Jackson Criminal Court. — Hon. John W. . Wohford, Judge. (1) The indictment in this cause is fatally defective, in that it does not sufficiently charge the defendant with a public offense, nowhere sufficiently connects the defendant with the act complained of, but is vague, indefinite and repugnant. Kelly’s Grim, Law, 89; State v. Rector, 126 Mo. 328; State v. Herrell, 97 Mo. 105; State v. Foster, 25 Mo. 324. (2) Defendant’s application for a continuance sets out all grounds necessary to entitle him thereto, shows as great diligence in preparing for trial as could be used under…
1Opinion of the CourtSherwood, J.
— The conviction in the case at bar was of murder in the first degree, the indictment as follows:
“The grand jurors for the State of Missouri, in and for the body of the county of Jackson, upon their oath present that Thomas Clark, whose Christian name in full is unknown to these jurors, late of the county aforesaid, on the 5th day of June, 1897, at the county of Jackson, State of Missouri, then and there being, in and upon one Lizzie Hatch, then and there being, feloniously, willfully, deliberately, premeditatedly, on purpose and of his malice aforethought did make an assault, and with a…
2Cases cited20 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- State v. PagelsSupreme Court of Missouri · 1887
- State v. GilmoreSupreme Court of Missouri · 1888
- State v. KilgoreSupreme Court of Missouri · 1879
- State v. LoweSupreme Court of Missouri · 1887
15 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Gladden v. StateCourt of Appeals of Maryland · 1974
- State v. StogsdillSupreme Court of Missouri · 1929
- State v. ConwaySupreme Court of Missouri · 1912
- People v. ScottCalifornia Supreme Court · 1996
- State v. GibilterraSupreme Court of Missouri · 1938
21 more not listed; retrieve them via the Exa API.