State v. Wishon
Supreme Court of Missouri
ERROR to Crawford Circuit Court. The only question in this case is as to the sufficiency of the indictment. It contains two counts. The first charges the absence of a license generally, and is good: State vs. Brown, 8 Mo. K. 210; Neales vs. State, 10 ib. 498. The power of quashing indictments is a discretionary one in all case, and very rarely to be exercised in a case of this character.
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ERROR to Crawford Circuit Court. The only question in this case is as to the sufficiency of the indictment. It contains two counts. The first charges the absence of a license generally, and is good: State vs. Brown, 8 Mo. K. 210; Neales vs. State, 10 ib. 498. The power of quashing indictments is a discretionary one in all case, and very rarely to be exercised in a case of this character. The first count being good, a general verdict, by statute, would have been good and a motion to quash will not lie: State vs. Hector, 11 Mo, Hep. 28. The circuit court did not err in quashing the indictment…
1Opinion of the CourtRyland, J.
Benjamin Wishon was indicted by the grand jury of Crawford coun *504ty at the May term of the circuit court, in the year 1851, for selling intoxicating liquor in a less quantity than one quart without a license.
The indictment contains two counts. The defendant appeared to the indictment and moved the court to quash the same. The court sustained this motion, and quashed the indictment. The State, by her circuit attorney, excepted to the ruling of the court and brings the case here by writ of error.
The question for our consideration involves the sufficiency of the indictment, the first count of…
2Cases cited2 opinions
- Neales v. StateSupreme Court of Missouri · 1847
- State v. BrownSupreme Court of Missouri · 1843
3Cited by4 opinions
- State v. RosegrantSupreme Court of Missouri · 1936
- Meriwether v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- State v. RyanMissouri Court of Appeals · 1888
- State v. KleinSupreme Court of Missouri · 1883