State v. Boyer
Missouri Court of Appeals
Appeal from the DeKalb Circuit Court. — Hon. W. S. Herndon, Judge. (1) The court erred in overruling the motion to quash the indictment for the reason the indictment charges the defendant with the commission of two separate and distinct offenses and has improperly joined them in one indictment.
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Appeal from the DeKalb Circuit Court. — Hon. W. S. Herndon, Judge. (1) The court erred in overruling the motion to quash the indictment for the reason the indictment charges the defendant with the commission of two separate and distinct offenses and has improperly joined them in one indictment. Maxwell, Criminal Procedure, sec. 53-516; Bailey v. State, 40 S. 442; B. B. v. Trueman, & C. & P. 727; State v. Nelson, .29 Mo. 329; Com. v. Hill, 10 Cash. 539; Com. v. Sullivant 104 Mass. 552. (2) Because the indictment does not charge that the offense was done willfully. Bishop on Criminal…
1Opinion of the CourtSmith, P. J.
The defendant was indicted for common assault. The indictment contained two *158counts. The first of which charged the defendant on, etc., at, etc., did unlawfully assault, touch, strike, beat, and wound one George Aughinbaugh by then and there striking him, the said George Aughinbaugh on the body with a stick against the peace and dignity of the state. The other was an exact duplicate of the first, except to the name of the party assaulted — Dillard Gregory. There was a trial resulting in the acquittal on the first count and a conviction on the second.
indictment: flry:uldisat?nctat" offenses'…
2Cases cited9 opinions
- Dritt v. SnodgrassSupreme Court of Missouri · 1877
- State v. HeinzeMissouri Court of Appeals · 1891
- Ex parte RuthvenSupreme Court of Missouri · 1853
- State v. BraySupreme Court of Missouri · 1822
- Ellington v. MooreSupreme Court of Missouri · 1853
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3Cited by5 opinions
- State v. KoonseMissouri Court of Appeals · 1907
- Haycraft v. GrigsbyMissouri Court of Appeals · 1901
- Streeter v. HundleySupreme Court of Missouri · 1979
- Cook v. NeelyMissouri Court of Appeals · 1910
- State v. HeathWashington Supreme Court · 1910