State v. Melvin
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. A. D. Bumes, Judge. (1) The motion to dismiss or quash should have been sustained. Indictment 1716, returned December 9, 1899, was an indictment against Dick Melvin and quashed the prior indictment 1709. R. S. 1899, sec. 2522. State v. Anderson, 96 Mo. 245; Austin v. State, 12 Mo. 393; State v. Vincent, 91 Mo. 665. Had Dick Melvin been arrested and arraigned under indictment 1716, a motion to quash could not have been sustained.
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Appeal from Platte Circuit Court. — Hon. A. D. Bumes, Judge. (1) The motion to dismiss or quash should have been sustained. Indictment 1716, returned December 9, 1899, was an indictment against Dick Melvin and quashed the prior indictment 1709. R. S. 1899, sec. 2522. State v. Anderson, 96 Mo. 245; Austin v. State, 12 Mo. 393; State v. Vincent, 91 Mo. 665. Had Dick Melvin been arrested and arraigned under indictment 1716, a motion to quash could not have been sustained. State v. Stacey, 103 Mo. 14; State v. Davis, 29 Mo. 395; State v. Harper, 71 Mo. 427. (2) The indictment being quashed and…
1Opinion of the CourtGantt, J.
The indictment in this cause was returned by the grand jury in the circuit court of Platte county on December 7, 1899, and charged the defendant with a felonious assault. Afterwards, at the same term, another indictment was preferred on December 9, 1899, wherein it was charged that defendant committed a felonious assault upon the same person, one Jeff Simpson, and that Al. Melvin was present aiding and assisting in said felony. When the defendant was required to plead at the November term, 1900, of said court he filed a plea in abatement of the first indictment on which he was arraigned for…
2Cases cited8 opinions
- People v. FisherNew York Supreme Court · 1835
- State v. CantlinSupreme Court of Missouri · 1893
- State v. EatonSupreme Court of Missouri · 1882
- State v. VincentSupreme Court of Missouri · 1887
- State v. WebbSupreme Court of Missouri · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. VarnerSupreme Court of Missouri · 1959
- State v. ChurchSupreme Court of Missouri · 1906
- State v. GranberryMissouri Court of Appeals · 1975
- State v. ThompsonSupreme Court of Missouri · 1965
- People v. Benson, New York County Courts1955
8 more not listed; retrieve them via the Exa API.