State v. Metcalf
Missouri Court of Appeals
Appeal from the Buchanan Criminal Court. — Hon. Silas Woodson, Judge. (1) The indictment alleges the offense to have been committed in Buchanan county. This a material averment {State v. Welker, 14 Mo. 398); and it must be proven. State v. Burns, 48 Mo. 438. Proof that the alleged offense was committed in Kansas can not certainly sustain the allegation that it was committed in Buchanan county, Missouri.
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Appeal from the Buchanan Criminal Court. — Hon. Silas Woodson, Judge. (1) The indictment alleges the offense to have been committed in Buchanan county. This a material averment {State v. Welker, 14 Mo. 398); and it must be proven. State v. Burns, 48 Mo. 438. Proof that the alleged offense was committed in Kansas can not certainly sustain the allegation that it was committed in Buchanan county, Missouri. (2) It is not necessary in this case to enter into the much, discussed question as to whether the western boundary of that part of Missouri originally included in the Platte purchase is at the…
1Opinion of the CourtSmith, P. J.
The defendants, who were indicted, tried, and convicted by the criminal court of Buchanan county for setting up and keeping a common gaming house under the provisions of section 3811, Bevised Statutes, have brought the cause here by appeal on the ground, principally, that the offense for which they were convicted was not committed within the territorial limits of this state and that therefore said criminal court had no jurisdiction of the offense.
We may first dispose of the preliminary question of our own jurisdiction raised by the defendants. *685They took their appeal to this court as the…
2Cases cited6 opinions
- State of Iowa v. MullenSupreme Court of Iowa · 1872
- Carlisle v. StateIndiana Supreme Court · 1869
- Gilbert v. Moline Water Power & Manufacturing Co.Supreme Court of Iowa · 1866
- Cooley v. GoldenMissouri Court of Appeals · 1893
- Davis v. State ex rel. Board of CommissionersIndiana Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gerhard v. Terminal Railroad Ass'n of St. LouisSupreme Court of Missouri · 1957
- Lemore v. CommonwealthCourt of Appeals of Kentucky · 1907
- Nicoulin v. O'BrienCourt of Appeals of Kentucky · 1916
- Brown v. StateSupreme Court of Arkansas · 1913
- State v. MoyersSupreme Court of Iowa · 1912
3 more not listed; retrieve them via the Exa API.