Fanning v. State
Supreme Court of Missouri
APPEAL from St. Louis Criminal Court. It is contended: I. The indictment found at the July term of the criminal court, 1849, and upon which the defendant was tried and convicted, is defective, in not setting out the means by which the room of Patten was broken open and entered.
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APPEAL from St. Louis Criminal Court. It is contended: I. The indictment found at the July term of the criminal court, 1849, and upon which the defendant was tried and convicted, is defective, in not setting out the means by which the room of Patten was broken open and entered. Whether the inner door, mentioned in the indictment was entered by means of false keys, or by picking the lock, or by forcing the lock or bolts, or by breaking the same down, does not appear from the indictment. The case of Conner vs. State, decided at (he present term of this court, is relied upon in support of this…
1Opinion of the CourtRyland, J.
The appellant was first indicted on the 25th day of Nov. 1848, in the St. Louis criminal court, for the crime of burglary.
He was arrested and lodged in the calaboose, from which he broke out, and was afterwards re-arrested in the city of New Orleans, under *389the requisition of the Governor of this State, and brought back to St. Louis.
The appellant was brought to trial on this first indictment on the 15th March, 1849. During the progress of the trial, the circuit attorney entered a nolle prosequi, on account of a variance in the names of the persons whose dwelling house was said to have been…
2Cited by12 opinions
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- State v. WilliamsSupreme Court of Missouri · 1873
- State v. . CaseSupreme Court of North Carolina · 1885
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