State v. Burks
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. John A. Hoceaday, Judge. (1) No person should be convicted as a felon unless upon a good and sufficient indictment found and returned into court by a grand jury duly impaneled, charged and sworn, and his guilt otherwise’ ascertained and determined in accordance with all due forms of law.
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Appeal from Boone Circuit Court. — Hon. John A. Hoceaday, Judge. (1) No person should be convicted as a felon unless upon a good and sufficient indictment found and returned into court by a grand jury duly impaneled, charged and sworn, and his guilt otherwise’ ascertained and determined in accordance with all due forms of law. The record in this case shows the loss' or destruction of the original indictment pending the trial, and also the attempted substitution in its stead of a new one by the prosecuting attorney, after the appeal was granted and the bill of exceptions duly allowed and…
1Opinion of the CourtUantt, P. J.
At the November term, 1894, of the circuit court of Boone county the defendant was indicted. We are informed by his counsel that the indictment, which was lost during the trial or since, contained two counts, one charging him with burglary with intent to rape a minor under the age of fourteen years, and the other, with a burglarious assault with intent to rape a minor under the age of fourteen years. At the same term defendant filed his motion to quash and it was sustained as to the second count and overruled as to the first. The cause was continued to the March term, 1895. On the fourth day…
2Cases cited12 opinions
- Hickory v. United StatesSupreme Court of the United States · 1894
- Ryerson v. Inhabitants of AbingtonMassachusetts Supreme Judicial Court · 1869
- People v. MitchellCalifornia Supreme Court · 1892
- Brown v. WoodSupreme Court of Missouri · 1854
- Dunn v. DunnakerSupreme Court of Missouri · 1885
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3Cited by15 opinions
- State v. KinneSupreme Court of Missouri · 1963
- Woelfle v. Connecticut Mutual Life InsuranceMissouri Court of Appeals · 1938
- State v. McKinneySupreme Court of Missouri · 1971
- Beier v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Clancy v. St. Louis Transit Co.Supreme Court of Missouri · 1906
10 more not listed; retrieve them via the Exa API.