Legal Opinion

State v. Freeman

Supreme Court of Missouri

Decided July 15, 1855PublishedCited by 9 opinions

Appeal from Hickory Circuit Court. The defendant was indicted under tbe 38th section of the 2d article of the act concerning crimes and punishments, (R. C. 1845.) The record showed that the indictment was presented and returned into the Circuit Court of Hickory county, by a grand jury empannelled and sworn.

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Appeal from Hickory Circuit Court. The defendant was indicted under tbe 38th section of the 2d article of the act concerning crimes and punishments, (R. C. 1845.) The record showed that the indictment was presented and returned into the Circuit Court of Hickory county, by a grand jury empannelled and sworn. The indictment itself was as follows : “ The grand jury for the state of Missouri, empannelled, charged and sworn, to inquire within and for the body of the county of Hickory, upon their oath-, that Silas M. Freeman, late, &c., on, &c., with, &c., at, &c., in and upon one William Freeman,…

1Opinion of the CourtLeonard, Judge

1. This indictment ought not to have been quashed. There is nothing in the objection as to the venue — time and place are formally laid to all the acts charged to have been committed by the defendant — the assault and battery, and wounding — and there was no necessity, according to the strictest rules of the common law upon this subject, to lay a venue to the statement in reference to the effect of the act done — the allegations “ whereby the prosecutor was greatly wounded, disfigured, and received great bodily harm.”

2. Neither is the omission of the word “present,” in the commencement of the…

2Cited by9 opinions

  1. State v. BuralliNevada Supreme Court · 1903
  2. State v. HurleySupreme Court of Missouri · 1952
  3. W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
  4. Bailey v. StateIndiana Supreme Court · 1872
  5. State v. DouglasSupreme Court of Kansas · 1894

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