State v. Stewart
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The indictment in this case is not such as is guaranteed by sections 12 and 22, article 2, of the Bill of Rights. It should be anindictment good in substance at common law.
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Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The indictment in this case is not such as is guaranteed by sections 12 and 22, article 2, of the Bill of Rights. It should be anindictment good in substance at common law. In re Slater, 72 Mo. 106; State v. Eelm, 79 Mo. 515; State v. Hayward, 83 Mo. 304. The indictment at common law and guaranteed by the constitution is one that charges facts and not legal conclusions ; one that answers the accused truly, when he demands the cause and nature of the accusation against him; one that states all the facts constituting the…
1Opinion of the Court
Nokton, C. J. —
The defendant was tried and convicted under an indictment charging him with sending a letter to one R. Gr. Lee, threatening to charge him with .stealing a flock of sheep, for the purpose of extorting money from him. It is claimed by counsel for defendant that the indictment is insufficient, and, therefore, the court erred in overruling his motion in arrest of judgment. The indictment is founded on section 1306, ■of the Revised Statutes:
“ Every person who shall knowingly send or deliver, or shall .make, and, for the purpose of being delivered or sent, shall part with the…
2Cases cited4 opinions
- State v. ClintonSupreme Court of Missouri · 1878
- State v. CoreSupreme Court of Missouri · 1879
- State v. FisherSupreme Court of Missouri · 1877
- State v. LinthicumSupreme Court of Missouri · 1878
3Cited by13 opinions
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- Counterman v. ColoradoSupreme Court of the United States · 2023
- Keys v. United StatesCourt of Appeals for the Eighth Circuit · 1942
- State v. PattersonSupreme Court of Missouri · 1917
- State v. MartinSupreme Court of Missouri · 1910
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