State v. England
Supreme Court of Missouri
Appeal from Hickory Circuit Court, 1. The indictment does not run in the name of the state of Missouri, as required by the constitution. 2. It is submitted that a new trial should have been granted on account of the failure of proof.
1Opinion of the CourtRyland, Judge
The grand jury, at the September term, in the year eighteen hundred and fifty-two, of the Circuit Court, within and for the county of Hickory, indicted Joseph England, with some three others, for gaming.
At the September term, 1853, the defendant, England, and two of the others, appeared in court, and filed their motion to quash the indictment, which motion is as follows : “ The said defendants come and move the court to quash the indictment, because the same is insufficient in law, because it does not state that the grand jurors were of the state of Missouri, and for other reasons.”
*387The court…
2Cited by4 opinions
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