State v. Patterson
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. Jas. B. Gantt, Judge. The indictment should have been quashed, because the names of the material witnesses were not indorsed thereon when the same was found by the grand jury, as required by Revised Statutes 1879, section 1802, and because the same is multifai'ious, vague and uncertain.
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Appeal from Henry Circuit Court. — Hon. Jas. B. Gantt, Judge. The indictment should have been quashed, because the names of the material witnesses were not indorsed thereon when the same was found by the grand jury, as required by Revised Statutes 1879, section 1802, and because the same is multifai'ious, vague and uncertain. Defendant in the same count is charged with making two assaults upon deceased, each complete in itself, and with inflicting upon deceased several different mortal wounds, but it does not appear with sufficient certainty of which of said wounds-deceased died. State v.…
1Opinion of the Court
*699I.
Sherwood, C. J.
The sufficiency of the indictment will first be examined.
It is no ground of objection that the names of the material witnesses for the State were not indorsed thereon. The only consequence growing out of such failure is, that no continuance on account of the absence of such witnesses will be granted the State, save upon the affidavit of the prosecuting attorney. R. S. 1879, § 1802; State v. Nugent, 71 Mo. 136. Besides, the names of the principal witnesses were indorsed on the indictment prior to the motion to quash.
Nor is the indictment obnoxious to objection because of any…
2Cases cited19 opinions
- State v. HopperSupreme Court of Missouri · 1880
- Bergen v. PeopleIllinois Supreme Court · 1856
- People v. BadgleyNew York Supreme Court · 1836
- Mose v. StateSupreme Court of Alabama · 1860
- People v. HennesseyNew York Supreme Court · 1836
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3Cited by83 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- Nickels v. StateSupreme Court of Florida · 1925
- State v. ThomasSupreme Court of Missouri · 1981
- State v. BrooksSupreme Court of Missouri · 1887
- Hauk v. StateIndiana Supreme Court · 1897
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