State v. Falk
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Silas Woodson, Judge. (1) The court should have sustained the motion in arrest of judgment, as the indictment failed to substantially charge in the language of the statute any public offense. The indictment does not charge( that, at the time of the alleged sale of the diseased meat, the defendant sold it without making its condition fully known to the purchaser.
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Appeal from the Buchanan Circuit Court. — Hon. Silas Woodson, Judge. (1) The court should have sustained the motion in arrest of judgment, as the indictment failed to substantially charge in the language of the statute any public offense. The indictment does not charge( that, at the time of the alleged sale of the diseased meat, the defendant sold it without making its condition fully known to the purchaser. Neither does it charge a sale of the flesh of the alleged diseased animal to any person. The indictment should substantially follow the language of the statute, and the words ‘! without…
1Opinion of the Court
Gill, J. —
The defendant Falk was indicted, tried and found guilty, at the last March term of the Buchanan criminal court, of slaughtering and selling the flesh of diseased cattle, “contrary to the form of the statute in such case made and provided.” Among other grounds urged for a reversal of the judgment of the criminal court, is that the indictment is insufficient, and in this we think the appellant is correct. '
The section under which defendant was indicted reads as follows : “ Every person who shall knowingly sell the flesh of any animal, dying otherwise than by slaughter, or slaughtered…
2Cases cited2 opinions
- State v. MeekSupreme Court of Missouri · 1879
- State v. O'BrienSupreme Court of Missouri · 1881
3Cited by1 opinion
- McNeil v. StateCourt of Criminal Appeals of Texas · 1922