State v. Roy
Supreme Court of Missouri
Appeal from Ste. Genevieve Circuit Court. — Hon. J. D. Fox, Judge. It is no ground for objection that the names of the material witnesses for the State were not indorsed on the indictment. The only way in which such failure could affect the State was that no continuance could be granted it, except upon the affidavit of the prosecuting attorney. R. S. 1879 § 1802; State v. Nugent, 71 Mo. 136 ; State v. Patterson, 73 Mo. 695.
1Opinion of the CourtNorton, J.
The defendant was indicted at the November term, 1881, of the circuit court of Ste. Genevieve •county, for assault with intent to kill. He moved to quash the indictment for the reason that the names of the witnesses who testified before the grand jury were not indorsed thereon. The court sustained the motion, whereupon the state appealed.
Section 1802, Revised Statutes, provides that: ‘ ‘When an indictment is found by the grand jury, the names of all the material witnesses must be indorsed upon the indictment ; other Avitnesses may be subpoenaed or sworn by the state, but no continuance shall…
2Cases cited3 opinions
- State v. PattersonSupreme Court of Missouri · 1881
- State v. BurgessSupreme Court of Missouri · 1857
- State v. NugentSupreme Court of Missouri · 1879
3Cited by18 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. PagelsSupreme Court of Missouri · 1887
- State v. WhitsettSupreme Court of Missouri · 1911
- State v. GradySupreme Court of Missouri · 1884
- State v. HendersonSupreme Court of Missouri · 1905
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