Legal Opinion

State v. Tyrrell

Supreme Court of Missouri

Decided April 15, 1889PublishedCited by 11 opinions

Appeal from, Andrew Circuit Court, — IIon. C. A. Anthony, Judge. (1) The indictment is in the language of the statute and is sufficient. State v. Ware, 62 Mo. 597 ; State v. Jones, 63 Mo. 570 ; State v. Dams, 70 Mo. 467; State «. Tissing, 74 Mo. 72 ; Slate v. Madden, 81 Mo. 421. (2) The indictment sufficiently charges a breaking. 1 Whart. Crim.

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Appeal from, Andrew Circuit Court, — IIon. C. A. Anthony, Judge. (1) The indictment is in the language of the statute and is sufficient. State v. Ware, 62 Mo. 597 ; State v. Jones, 63 Mo. 570 ; State v. Dams, 70 Mo. 467; State «. Tissing, 74 Mo. 72 ; Slate v. Madden, 81 Mo. 421. (2) The indictment sufficiently charges a breaking. 1 Whart. Crim. Law (9 Ed.) sec. 759, et seq. ; 1 Hale, 552; State ». Putt, 63 Mo. 595. (3) It sufficiently charges the ownership of the building. 2 Bish. Crim. Proc., secs. 39,139 ; .Bellv. State, 20 Wis. 599; Young v. Commonwealth, 12 Rush, 243 ; State v. Rand, 33…

1Opinion of the CourtStiekwood, J.

— The defendant was tried and convicted upon the second count of an indictment, worded as follows:

*356“And the grand jurors aforesaid, upon their oath aforesaid, do farther present and charge that the said Wm. Tyrrell, on the said twenty-eighth day of October, A. D. 1886, at the county of Andrew and state of Missouri, did feloniously and burglariously break into and enter a certain building of one Neal Barman, there situate, the same being used and occupied by the said Neal Barman as a saloon, by unlocking an outer door of said building by means of a false key, the same being a building in which…

2Cases cited6 opinions

  1. State ex rel. Shaw v. WareOregon Supreme Court · 1886
  2. Commonwealth v. McGortyMassachusetts Supreme Judicial Court · 1873
  3. Harris v. StateMississippi Supreme Court · 1883
  4. Wicks v. StateSupreme Court of Alabama · 1870
  5. State v. ClarkSupreme Court of Vermont · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. LackeySupreme Court of Missouri · 1910
  2. State v. TaylorSupreme Court of Missouri · 1896
  3. State v. StuverSupreme Court of Missouri · 1962
  4. State v. HutchinsonSupreme Court of Missouri · 1892
  5. State v. HodgdonSupreme Court of Vermont · 1915

6 more not listed; retrieve them via the Exa API.

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