State v. Rambo
Supreme Court of Missouri
Appeal from Phelps Circuit Court. — Hon. C. C. Bland, Judge. The motion to quash the indictment and in arrest of judgment should have been sustained on the ground that nine different offences could not be charged in the same count in the indictment. Kelley’s Prac. 102, 105 ; 42 Ind. 240; 3 Greenl. Evid. [Redf. Ed.] p. 21, sec. 22.
1Opinion of the CourtBlack, J.
The indictment is in one count. The substance of the charge is, that Charles, Elmer, Alvin, and Addis Rambo, of their malice aforethought, with guns and pistols, and with intent to kill, shot at J. W. Clark and eight other persons, who are named.
The evidence for the state shows that John P. Mar-low resided in a house which he had procured of Alvin Rambo. This house and a wagon-shop, which was used by Rambo, were in the same incíosure, and not more than thirty or forty feet apart. Marlow had procured the use of the house until such time as he could erect a log house on his own land, about a…
2Cases cited5 opinions
- State v. SmithSupreme Court of Missouri · 1883
- State v. ReedSupreme Court of Missouri · 1886
- State v. SharpSupreme Court of Missouri · 1879
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1871
- State v. McClintockSupreme Court of Iowa · 1859
3Cited by4 opinions
- State v. KaiserSupreme Court of Missouri · 1894
- Barnes v. Columbia Lead Co.Missouri Court of Appeals · 1904
- State v. WoodwardMissouri Court of Appeals · 1903
- State v. ThorntonSupreme Court of Missouri · 1891