Gates v. State
Supreme Court of Missouri
APPEAL PROM BENTOS' CIRCUIT COURT. 1st. Tlie court should liaye sustained a motion to dismiss the case at the September term, 1848. The record does not show, the court found a true hill was returned by the grand jury. It does not show an order of the court receiving the indictment as found a true bill. It does not order the filing of the indictment, and no order appears for process upon it as a matter of record, and the indictment was not filed as a record in court. 2nd.
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APPEAL PROM BENTOS' CIRCUIT COURT. 1st. Tlie court should liaye sustained a motion to dismiss the case at the September term, 1848. The record does not show, the court found a true hill was returned by the grand jury. It does not show an order of the court receiving the indictment as found a true bill. It does not order the filing of the indictment, and no order appears for process upon it as a matter of record, and the indictment was not filed as a record in court. 2nd. The record of the Moniteau Circuit Court of the 6th of October, 1848, containing a copy of that of Morgan Circuit, made out…
1Opinion of the CourtBirch, J.
The only point of disconcufreuce between this court and the court below, has relation to the authentication of the record by the clerk of the Moniteau Circuit Court, from whence this cause was taken by change of venue. As wc are not sitting to enact, but to administer laws, it may be sufficient to remark, that probably no judicial decision can bo found which recognizes any other mode of sealing, at common law, than by an impression upon ■wax or other tenacious substance, and as our Legislature, which has re-enacted the common law, has only so far modified and ancient legal method alluded to,…
2Cited by1 opinion
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