Spratt v. State
Supreme Court of Missouri
APPEAL from the Circuit Court of Platte county. Points relied on by plaintiff:— 1. That the indictment is general and uncertain. Every crime must appear on the face of the record with a scrupulous certainty. — 1 Chitty’s Crim. Laws, 172; 10 Petersdorf Abr., 470. The manner of the whole fact ought to he set forth. An indictment accusing generally is bad. — 1 Chitty’s Crim.
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APPEAL from the Circuit Court of Platte county. Points relied on by plaintiff:— 1. That the indictment is general and uncertain. Every crime must appear on the face of the record with a scrupulous certainty. — 1 Chitty’s Crim. Laws, 172; 10 Petersdorf Abr., 470. The manner of the whole fact ought to he set forth. An indictment accusing generally is bad. — 1 Chitty’s Crim. Laws, 229; 2 Hawkins, 25, 57,59; 1 Salker, 198. It is a general rule that all the circumstances which make up and constitute an act of crime should be stated. — 15 Arch.; 2 East, 30; 5 East, 244; 1 Chitty’s Crim. Laws, 169 ;…
1Opinion of the CourtTompkins, Judge
Jeremiah H. Spratt was indicted under the 16th section of the 8th article of the act concerning crimes and punishments, and being found guilty, he now seeks to reverse the judgment of the Circuit Court.
It is objected—
1. That the indictment is uncertain.
*2482. That it does not pursue the words of the statute in describing the offence.
3. That it is not legally certified.
4. That the evidence offered and rejected by the court ought to have been received.
The indictment charges that Spratt did bet a large sum of money, to wit, the sum of twenty-five cents upon a game of chance, played by means of a pack…
2Cases cited1 opinion
- State v. MitchellSupreme Court of Missouri · 1839
3Cited by3 opinions
- Morrison v. StateTexas Supreme Court · 1874
- Davis v. StateSupreme Court of Georgia · 1898
- Newman v. StateMississippi Supreme Court · 1894