State v. Burdett
Supreme Court of Missouri
Appeal from Christian Circuit Court. — Hon. Argus Cox, Special Judge. (1) The indictment fails to charge defendant with “feloniously and burglariously bursting and. breaking” as required by statute. And does not allege that the smokehouse was then and there situated, or then and there being a building within the curtilage of the dwelling house of the said W. E. Thrower. And does not allege that the building broken into did not form a part of the dwelling house.
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Appeal from Christian Circuit Court. — Hon. Argus Cox, Special Judge. (1) The indictment fails to charge defendant with “feloniously and burglariously bursting and. breaking” as required by statute. And does not allege that the smokehouse was then and there situated, or then and there being a building within the curtilage of the dwelling house of the said W. E. Thrower. And does not allege that the building broken into did not form a part of the dwelling house. And, even if the indictment can fairly be constructed to allege that said building did not form a part of the dwelling house, then it…
1Opinion of the CourtGantt, P. J.
At the February adjourned term of the circuit court of Christian county for the year 1897,. the following indictment was duly preferred against the defendant C. M. Burdett:
“The grand jurors of the State of Missouri, impaneled, sworn and charged to inquire within and for the body of Christian county, upon their oath present that O. M. Burdett, late of the county and State aforesaid, on the twenty-seventh day of March, A. D. 1897, at the county of Christian and State of Missouri, did *677then and there unlawfully, feloniously and burglariously, with the assistance and aid of one or more…
2Cases cited8 opinions
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- State v. SchuchmannSupreme Court of Missouri · 1896
- State v. GilmoreSupreme Court of Missouri · 1892
- State v. GriffinSupreme Court of Missouri · 1889
- State v. HarveySupreme Court of Missouri · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. ThomasSupreme Court of Missouri · 1970
- Spencer v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Collins v. PeopleSupreme Court of Colorado · 1920
- Phillips v. JonesSupreme Court of Missouri · 1903