State v. Summar
Supreme Court of Missouri
Appeal from PolJc Circuit Court. — Hon. James T. Neville, Judge. (1) The indictment is vague and indefinite. It does not charge that the offense was committed in Polk county. It does not allege the sexual act to have been felonious. (2) The judge who tried the case had no jurisdiction for the reason that there was no opportunity given the defendant and the prosecuting attorney to agree upon some attorney present to try the case or to elect one.
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Appeal from PolJc Circuit Court. — Hon. James T. Neville, Judge. (1) The indictment is vague and indefinite. It does not charge that the offense was committed in Polk county. It does not allege the sexual act to have been felonious. (2) The judge who tried the case had no jurisdiction for the reason that there was no opportunity given the defendant and the prosecuting attorney to agree upon some attorney present to try the case or to elect one. State v. Gilmore, 110 Mo. 3; State v. Higgerson, 110 Mo. 214; State v. Newsman, 129 Mo. 155; State ex reL v. Wear, 129 Mo. 620; State v. Silva, 130…
1Opinion of the CourtGantt, P. J.
The defendant was indicted at the April term, 1895, for defiling and carnally knowing Lucy M. Davis, a female under the age of eighteen years who had been confided to his care or protection while she remained in his care and custody, and was tried and convicted and sentenced to imprisonment in. the penitentiary for two years. He appeals from that conviction and sentence.
The indictment is in these words:
“The grand jurors for the State of Missouri, summoned from the body of Polk county, empaneled, charged and sworn, upon their oaths, present that J. D. Summar, late of the county aforesaid, on…
2Cases cited11 opinions
- State v. AustinSupreme Court of Missouri · 1893
- State v. SibleySupreme Court of Missouri · 1895
- Wood v. MatthewsSupreme Court of Missouri · 1881
- Stratton v. StateIndiana Supreme Court · 1874
- Willard v. GoodenoughSupreme Court of Vermont · 1858
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. ThomasWashington Supreme Court · 1941
- State v. JonesSupreme Court of Missouri · 1913
- State v. HiblerSupreme Court of Missouri · 1899
- State v. NibargerSupreme Court of Missouri · 1914
- State v. HyderSupreme Court of Missouri · 1914
5 more not listed; retrieve them via the Exa API.