Legal Opinion

State v. Dennis

Supreme Court of Missouri

Decided October 15, 1883PublishedCited by 6 opinions

Appeal from Moberly Court of Common Pleas. — Hon. G. H. Burckhartt, Judge. The court erred in overruling the demurrer and the motion in arrest, it being admitted that the possession of the mules was at no time in defendant in Randolph county. The grand jury had no right to inquire into the offense charged. Const, of Mo., art. 2, § 22 ; R. S. 1879, §§ 1689, 1968; State v. Burns, 48 Mo. 438; State v. Meyer, 64 Mo. 190 ; 15 Ind. 378 ; Kx parte Slater, 72 Mo. 102; 1 Bishop Crim.

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Appeal from Moberly Court of Common Pleas. — Hon. G. H. Burckhartt, Judge. The court erred in overruling the demurrer and the motion in arrest, it being admitted that the possession of the mules was at no time in defendant in Randolph county. The grand jury had no right to inquire into the offense charged. Const, of Mo., art. 2, § 22 ; R. S. 1879, §§ 1689, 1968; State v. Burns, 48 Mo. 438; State v. Meyer, 64 Mo. 190 ; 15 Ind. 378 ; Kx parte Slater, 72 Mo. 102; 1 Bishop Crim. Proe., §§ 49, 50-; 4 Bl. Com., 303; 1 Stark. Crim-Plead., (2 Ed.) 1. The false pretenses must be relied op and.…

1Opinion of the CourtNorton, J.

The defendant was tried at the October adjourned term, 1883, of the Moberly court of common pleas, convicted and sentenced to imprisonment in the penitentiary for four years. The trial was had under an indictment, the formal parts of which being omitted, is as follows :

“ That John B. Dennis, late of the county of Randolph aforesaid, on the 12th day of January, 1883, at Prairie township, in Randolph county and state aforesaid, within the jurisdiction of said Moberly court of common pleas, did, with intent to cheat and defraud, unlawfully and *591feloniously obtain from Thomas J. Grant his…

2Cases cited4 opinions

  1. State v. FancherSupreme Court of Missouri · 1880
  2. State v. EversSupreme Court of Missouri · 1872
  3. State v. ConnellySupreme Court of Missouri · 1880
  4. State v. NortonSupreme Court of Missouri · 1882

3Cited by6 opinions

  1. State v. ShaefferSupreme Court of Missouri · 1886
  2. Fretwell v. LaffoonSupreme Court of Missouri · 1882
  3. Commonwealth v. SchmunkSuperior Court of Pennsylvania · 1903
  4. State v. GibsonSupreme Court of Iowa · 1906
  5. State v. LichliterSupreme Court of Missouri · 1888

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