State v. Ellis
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. W. W. Wood, Judge. The indictment is fatally defective. It does not charge that “Crab Orchard” sehoolhouse, the alleged place where the congregation charged to have been disturbed had met, was set apart for religious worship. State v. Fugitt, 66 Mo. App. 625; State v. Stegall, 65 Mo.-App. 243; . State v. Kindrieh, 21 Mo.
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Appeal from the Johnson Circuit Court. — Hon. W. W. Wood, Judge. The indictment is fatally defective. It does not charge that “Crab Orchard” sehoolhouse, the alleged place where the congregation charged to have been disturbed had met, was set apart for religious worship. State v. Fugitt, 66 Mo. App. 625; State v. Stegall, 65 Mo.-App. 243; . State v. Kindrieh, 21 Mo. App. 507; State v. Schieneman, 64 Mo. 386. (1) The indictment in this ease follows the language of the statute, which sets forth all the facts necessary to constitute the offense. R. S. 1889, sec. 3785. (2) The rule of pleading is…
1Opinion of the CourtGill, J.
wor¿”§>!'plfce"8 set apart. e Defendant was indicted, tried, and found guilty of disturbing a congregation assembled for religious worship, and has appealed to this court. The only question raised on this appeal relates to the court’s action in overruling defendant’s motion to quash the indictment, gpeei£c objection to the indictment, which was pointed out in the motion to quash, is that it fails to allege that the place where the congregation met was set apart for religious worship.
The indictment does not so allege, either in form or substance, and under the following decided cases we are…
2Cases cited4 opinions
- State v. KindrickMissouri Court of Appeals · 1886
- State v. SchienemanSupreme Court of Missouri · 1877
- State v. StegallMissouri Court of Appeals · 1896
- State v. FugittMissouri Court of Appeals · 1896
3Cited by1 opinion
- State v. AlfordMissouri Court of Appeals · 1910