State v. Blakely
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. G. D. Bubgess, Judge. (1) This indictment was drawn under sec. 29, Gr. S. 780 (R. S. 1879, sec. 1262). The offence described is a felony and no person can be proceeded against therefor but by indictment, and this is not an indictment. Con. 1865, art. 1, sec. 24; Con. 1875, art. 2, sec. 12. The word indictment as used in section 12 has a well defined meaning. Ex parte Slater, 72 Mo. 102 ; Cox ¶. The State, 8 Tex. App. 254 ; Allen n.
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Appeal from Chariton Circuit Court. — Hon. G. D. Bubgess, Judge. (1) This indictment was drawn under sec. 29, Gr. S. 780 (R. S. 1879, sec. 1262). The offence described is a felony and no person can be proceeded against therefor but by indictment, and this is not an indictment. Con. 1865, art. 1, sec. 24; Con. 1875, art. 2, sec. 12. The word indictment as used in section 12 has a well defined meaning. Ex parte Slater, 72 Mo. 102 ; Cox ¶. The State, 8 Tex. App. 254 ; Allen n. State, 13 Tex. App. 28. (2) The indorsement of the foreman of the grand jury that “this is a true copy” was cause for…
1Opinion of the CourtNorton, J.
Defendant was indicted at the November term, 1874, of the circuit court of Chariton county for felonious assault. The indictment is as follows :
“The grand jurors for the body of Chariton county duly summoned, empanelled and sworn upon their oaths present that on or about the 28th day of July, A. D. 1874, at the county of Chariton, one Pleasant W. Blakely, with force and arms in and upon the person of one Francis T. Mayhew, then and there being with a certain club, three feet long and one inch in diameter, which club was then and there a deadly weapon, did wilfully, maliciously and feloniously…
2Cases cited1 opinion
- State v. DanielsSupreme Court of Missouri · 1877
3Cited by4 opinions
- State v. HurleySupreme Court of Missouri · 1952
- State v. CraftSupreme Court of Missouri · 1901
- Wilson v. StateSupreme Court of Florida · 1919
- State v. BarryMontana Supreme Court · 1912