Legal Opinion

State v. Rector

Supreme Court of Missouri

Decided November 9, 1894PublishedCited by 15 opinions

Appeal from Perry Circuit Court. — Hon. James D. Fox, Judge. The defendant was tried for the crime of murder in the first degree, resulting, after a severance granted, in conviction of the second degree of that offense; punishment, ten years in the penitentiary.

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Appeal from Perry Circuit Court. — Hon. James D. Fox, Judge. The defendant was tried for the crime of murder in the first degree, resulting, after a severance granted, in conviction of the second degree of that offense; punishment, ten years in the penitentiary. The charging part and conclusion of the indictment under which the trial occurred are as follows: “That Henry Willis on the first day of June, A. D. 1892, at the county of Perry and state of Missouri, in and upon the body of one Charles Cargile, then and there being, feloniously, wilfully, deliberately, premeditatedly, on purpose and…

1Opinion of the CourtSherwood, J.

— I. The indictment in this cause is-clearly bad, and this for several reasons, a. Because-the word “with” being omitted therefrom, there is no-allegation showing with what the alleged homicidal act was done. In criminal prosecutions, everything constituting the offense must be set forth with certainty and clearness, nothing must be left to be-*341implied. This is true of all felonies. Hawkins says: “That in an indictment nothing material shall be taken by intendment or implication.” 2 Hawk. P. C. ch'. 25, sec. 60. If an essential word be dropped, it is fatal. Wharton on Crim. Plead, and Prae. [9…

2Cases cited3 opinions

  1. State v. MeyersSupreme Court of Missouri · 1889
  2. Ogletree v. StateSupreme Court of Alabama · 1856
  3. State v. PembertonSupreme Court of Missouri · 1860

3Cited by15 opinions

  1. State v. MillerSupreme Court of Missouri · 1900
  2. State v. SalmonSupreme Court of Missouri · 1909
  3. State v. ShelbySupreme Court of Missouri · 1933
  4. State Ex Rel. Arndt v. CoxSupreme Court of Missouri · 1931
  5. State v. FurgersonSupreme Court of Missouri · 1901

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