Legal Opinion

Kirk v. State

Supreme Court of Missouri

Decided September 15, 1840PublishedCited by 5 opinions

Appeal from the Criminal Court of St. Louis, May Term, 1840. That the indictment should contain in itself every thing necessary to enable the party indicted to make a full defence, without intendment, implication, or reference. It is the right of such party to plead to the jurisdiction of the court. The indictment in this case, does not inform the party as to the court in which it is found, and is therefore defective, and the defect fatal.

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Appeal from the Criminal Court of St. Louis, May Term, 1840. That the indictment should contain in itself every thing necessary to enable the party indicted to make a full defence, without intendment, implication, or reference. It is the right of such party to plead to the jurisdiction of the court. The indictment in this case, does not inform the party as to the court in which it is found, and is therefore defective, and the defect fatal. That it ;s the right of a party indicted, to avail himself of any legal objections to the grand jury. The indictment in this case, does not inform him as…

1Opinion of the Court

Opinion of the Court by

Napton, Judge.

An indictment was found at the January term, 1840, of the St. Louis criminal court, against the appellant, for stealing a slave. The defendant was convicted, and his counsel moved in arrest of judgment, which motion was overruled. The case is brought here by appeal.

The caption o^tkVindiet-mGnt-

The indictment was as follows: State of Missouri, county of St. Louis, sc. The grand jurors, &c. present, that Joseph Kirk, alias Kirkpatrick, on &c., at (fee., one negro boy, slave for life, named John, aged about twenty years, did steal» take, and carry away,…

2Cited by5 opinions

  1. State v. JohnstoneSupreme Court of Missouri · 1960
  2. State v. DanielsSupreme Court of Missouri · 1877
  3. State v. HurleySupreme Court of Missouri · 1952
  4. State v. CraftSupreme Court of Missouri · 1901
  5. McDoland v. StateSupreme Court of Missouri · 1843

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