Legal Opinion

State v. Dawson

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 15 opinions

Appeal from Jasper Circuit Court. — Hon. M. GP McGregor, Judge. The court erred in not quashing the indictment. If' it charged a breaking it did not charge the manner of it, nor how the entry was effected. Kelley’s Crina. Law, sec. 562, and authorities cited. The indictment should have been quashed for the reason that the names of no' witnesses were indorsed on it.

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Appeal from Jasper Circuit Court. — Hon. M. GP McGregor, Judge. The court erred in not quashing the indictment. If' it charged a breaking it did not charge the manner of it, nor how the entry was effected. Kelley’s Crina. Law, sec. 562, and authorities cited. The indictment should have been quashed for the reason that the names of no' witnesses were indorsed on it. State v. Hoy, 83 Mo. 268. The presumption -in such case is that the indictment was found without evidence and should be quashed. State v. Grady, 84 Mo. 220. There was error in requiring defendants’ attorney to testify as to facts…

1Opinion of the Court

Henry, C. J. —

Defendants were indicted for burglary and larceny in the Jasper circuit court at its December term, 1885. The charge in the indictment is, that on, etc., at the county of Jasper (omitting to aver in what state the offence was committed).

The caption is:

“ State of Missouri,
“County of Jasper. } ss"

*153On a trial defendants were found guilty and sentenced to imprisonment in the penitentiary for a term of four years each, from which they have prosecuted their appeal. The venue was sufficiently alleged. Sec. T813 R. S. provides that: “It shall not be necessary to state any venue in the…

2Cases cited2 opinions

  1. State v. JenningsSupreme Court of Missouri · 1883
  2. State v. HickmanSupreme Court of Missouri · 1882

3Cited by15 opinions

  1. State Ex Rel. Sowers v. OlwellWashington Supreme Court · 1964
  2. State Ex Rel. Terminal Railroad v. FlynnSupreme Court of Missouri · 1953
  3. Ex Parte McDonoughCalifornia Supreme Court · 1915
  4. Ex Parte EnzorSupreme Court of Alabama · 1960
  5. In Re WassermanDistrict Court, District of Columbia · 1961

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