State v. Hughes
Missouri Court of Appeals
Appeal from the Morgan Circuit Coiurt. — Hon. E. L. Edwards, Judge. The indictment was insufficient in law to support a judgment. “The rule is that where the indictment is based upon a statute creating the offense, an offense unknown to the common law, the indictment must set forth all the constituent facts and circumstances necessary to bring the accused perfectly within the statutory provisions.”
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Appeal from the Morgan Circuit Coiurt. — Hon. E. L. Edwards, Judge. The indictment was insufficient in law to support a judgment. “The rule is that where the indictment is based upon a statute creating the offense, an offense unknown to the common law, the indictment must set forth all the constituent facts and circumstances necessary to bring the accused perfectly within the statutory provisions.” This point was made by defendant both in his motion to quash the indictment and in arrest of judgment. State 0. Gabriel, 88 Mo. 632, loe. eit, p. 642, and citations ; Bish. Stat. Crimes, secs. 418,…
1Opinion of the CourtGinn, J.
The defendant was indicted for selling liquor without filing oath and bond with the county clerk, as provided by sections 1601, 1605, Revised Statutes, 1879, and was tried by the court sitting as a jury, found guilty and fined as provided in section 1606, Revised Statutes.
The cause was submitted to the court on an agreed statement of facts as follows :
“ It is agreed in the above entitled cause that, at the time charged in said indictment, to-wit: On the ninth day of July, 1887, the defendant Robert L. Hughes, was a licensed druggist, doing business in the town of Tipton, in Moniteau county,…
2Cases cited4 opinions
- Gage v. GatesSupreme Court of Missouri · 1876
- State v. RollerSupreme Court of Missouri · 1882
- Hughes v. MooreMissouri Court of Appeals · 1885
- State v. WrightMissouri Court of Appeals · 1886
3Cited by1 opinion
- State v. SummersSupreme Court of Missouri · 1898