State v. Montgomery
Supreme Court of Missouri
Appeal from Greene Criminal Court. — Hon. M. Oliver, Judge. (1) Revised Statutes, 1889, section 3530, enumerates several distinct offenses which cannot he charged in one count. (2) The indictment is insufficient as one charging an attempt to commit the crime of robbery. The indictment is sufficient. R. S., sec. 3940; State v. Hayes, 78 Mo. 307; State v. Mills, 88 Mo. 417; State v. Frcmh, 103 Mo. 110; 2 Bishop on Criminal Procedure, secs. 86-93.
1Opinion of the CourtThomas, J.
The defendant was convicted of an attempt to commit robbery, and was sentenced to imprisonment in the penitentiary therefor for two years by the criminal court of Greene county in August, 1891, and he appealed.
The only point insisted upon by appellant for a reversal of the judgment is the insufficiency of the indictment.
The defendant in his brief says: “The indictment is for an attempt to rob. In an indictment for an attempt, the attempted offense must be set out as though the indictment were for the commission of the offense. Section 3230, Revised Statutes, 1889, on which the indictment in…
2Cases cited5 opinions
- State v. FancherSupreme Court of Missouri · 1880
- State v. MurphySupreme Court of Missouri · 1871
- State v. PittmanSupreme Court of Missouri · 1882
- State v. FitzsimmonsSupreme Court of Missouri · 1860
- State v. BregardSupreme Court of Missouri · 1882
3Cited by7 opinions
- State v. BowenNebraska Supreme Court · 1993
- State v. ParkerSupreme Court of Missouri · 1914
- State v. FlynnSupreme Court of Missouri · 1914
- State v. KimballMissouri Court of Appeals · 1981
- State v. SmithSupreme Court of Missouri · 1894
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