Hilderbrand v. State
Supreme Court of Missouri
APPEAL from the circuit court of Jefferson county. The defendant presents the following points in order to the reversal of the judgment of the circuit court: First count in the indictment is bad, because there hs no place stated where the offence was committed, and the court erred in overruling the demurrer. Time and place must be added to every material fact in an indictment — State v. Hardwick, 2 Mo.
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APPEAL from the circuit court of Jefferson county. The defendant presents the following points in order to the reversal of the judgment of the circuit court: First count in the indictment is bad, because there hs no place stated where the offence was committed, and the court erred in overruling the demurrer. Time and place must be added to every material fact in an indictment — State v. Hardwick, 2 Mo. Rep. 228; Rex v. Holland, 5 T. R. 607; Rex v. Matthews, 5 T. R. 162; Rex v. Dezlett, 1 T. R. 69; 1 John. Rep. 70. If no time or place be stated, or no place where the court does not appear by…
1Opinion of the CourtNapton, Judge
The defendant was indicted by the grand jury of Jefferson county, for stealing a mare — was convicted, and sentenced to the penitentiary for two years. The indictment contained thiee counts. The first count charged that defendant, on the 20th day of June, in the year eighteen hundred and thirty-eight, with force and arms, at the county, &c., one certain mare, of the value of thirty dollars, then and there being found; then and there did feloniously steal, take and lead away, contrary, &c.
The second count was for stealing a bell collar of the value of twenty-five cents.
The third coant charged,…
2Cited by4 opinions
- State v. BoogherMissouri Court of Appeals · 1877
- State v. KurtzSupreme Court of Missouri · 1927
- Perue v. StateWyoming Supreme Court · 1931
- State v. HarrisonMissouri Court of Appeals · 1895