Smith v. State
Supreme Court of Missouri
APPEAL from St. Louis Criminal Court STATEMENT 03? THE CASE. Smith and others were indicted for a riot under the 6th sec,, 7th art. of the act concerning crimes and their punishment. R. C. p. 394. The defendants were arrested and brought into .ourt, and plead not guilty, and on the 21th .August, 1849, went to trial, when Levi, James and John Smith, John Ball, Silas W. Ganiot am! John Prant were found guilty.
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APPEAL from St. Louis Criminal Court STATEMENT 03? THE CASE. Smith and others were indicted for a riot under the 6th sec,, 7th art. of the act concerning crimes and their punishment. R. C. p. 394. The defendants were arrested and brought into .ourt, and plead not guilty, and on the 21th .August, 1849, went to trial, when Levi, James and John Smith, John Ball, Silas W. Ganiot am! John Prant were found guilty. Walter Adams wrs sworn as a witness for the State, who testified among- other things in substance, that he was employed by Wm. C. Martin to split rails for him and do o’her work for him,…
1Opinion of the CourtRyland, J.
From the above statement, it wiil be seen that the important question *152in this case, arises from the instruction which the court gave to the jury.
This question involves the fact, whether the common law concerning the offence of riot is in force within this State or not.
The legislature of this State at their session in 1824 & ’6, in 1834 & ’6, and in 1844 & ’5, have enacted general provisions upon the subject of riots, routs, &c. And this indictment against Levi Smith and others, is found under the provisions of the act concerning crimes and punishments. Art. 7, sec. 6, of 1844 & ’5.
This…
2Cases cited1 opinion
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
3Cited by15 opinions
- State v. GreenSupreme Court of Missouri · 1877
- Shannon v. PeopleMichigan Supreme Court · 1858
- State v. RollerSupreme Court of Missouri · 1882
- State ex rel. Wagner v. PattersonSupreme Court of Missouri · 1907
- Ex parte SherwoodCourt of Appeals of Texas · 1890
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