Legal Opinion

State v. Manley

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 12 opinions

Appeal from St. Louis Criminal Court.— Hon. J. 0» Noemile, Judge. (1) The indictment should have been quashed, because it charged several distinct offenses in the same count. State v. Clarkson, .59 Mo. 149 ; State v. Flint, 62 Mb. 398. (2) The indictment should have been quashed, because it failed to allege that the accused had qualified as an officer or had entered upon the discharge of his duties as such.

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Appeal from St. Louis Criminal Court.— Hon. J. 0» Noemile, Judge. (1) The indictment should have been quashed, because it charged several distinct offenses in the same count. State v. Clarkson, .59 Mo. 149 ; State v. Flint, 62 Mb. 398. (2) The indictment should have been quashed, because it failed to allege that the accused had qualified as an officer or had entered upon the discharge of his duties as such. State v. Clarkson, supra/ State v. Flint, supra; State v. Hays, 78 Mo. 600; State-v. Cleveland, 80 Mo. 108 ; State v. Findley, 101 Mo. 217.. (3) The court erred in,instructing the jury…

1Opinion of the CourtGantt, P. J.

The defendant was tried and con■victed in the criminal court of St. Louis, on the following indictment:

“The grand jurors of the state of Missouri, within •and for the body of the city of St. Louis now here in court duly impaneled, sworn and charged, upon their •oath present, that James Manley, late of the city of St. Louis aforesaid, and state aforesaid, on or about the second day of November, in the year of our Lord 1888, at the city of St. Louis aforesaid, then and there being an officer duly,elected' by virtue of the law of the state of Missouri, to-wit, a constable for and within the…

2Cases cited3 opinions

  1. State v. HookerSupreme Court of Vermont · 1845
  2. State v. FlintSupreme Court of Missouri · 1876
  3. State v. ClarksonSupreme Court of Missouri · 1875

3Cited by12 opinions

  1. Agar v. StateIndiana Supreme Court · 1911
  2. State v. NolandSupreme Court of Missouri · 1892
  3. State v. GilmoreSupreme Court of Missouri · 1892
  4. Hagood v. StateCourt of Appeals of Georgia · 1908
  5. State v. LentzSupreme Court of Missouri · 1904

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