State v. Jackson
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. Francis II. Trimble, Judge. (1) Defendant’s motion for his discharge should have been sustained, for the reason that the court was without jurisdiction to try him on the indictment herein. Sec. 2512, R. S. 1899, requires that indictments . returned by the grand jury ‘ ‘ shall be presented to the court and shall be there filed and remain as records of such court.”
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Appeal from Clay Circuit Court. — Hon. Francis II. Trimble, Judge. (1) Defendant’s motion for his discharge should have been sustained, for the reason that the court was without jurisdiction to try him on the indictment herein. Sec. 2512, R. S. 1899, requires that indictments . returned by the grand jury ‘ ‘ shall be presented to the court and shall be there filed and remain as records of such court.” Defendant was entitled to know that he was being tried upon the indictment “there filed” in the Clinton Circuit Court, which, if the law has been complied with, is a record of that court, and…
1Opinion of the CourtFox, J.
This cause is now pending before this court upon appeal on the part of Noah Jackson, the defendant, from a judgment of the Clay Circuit Court convicting him of forgery in the second degree.
On September 18, 1907, the grand jury of Clinton county returned in open court an indictment charging defendant with forgery in the second degree, it being alleged' that on May 1, 1907, he forged, counterfeited and falsely made a certain evidence of debt, commonly known as a deposit slip or ticket, on the Farmers’ Bank of Cameron, purporting to have been made and issued by said hank for the sum of $19,000.…
2Cases cited19 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Long v. StrausIndiana Supreme Court · 1886
- State v. GrateSupreme Court of Missouri · 1878
- State v. SchuchmannSupreme Court of Missouri · 1896
- People v. TomlinsonCalifornia Supreme Court · 1868
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. WitherspoonSupreme Court of Missouri · 1910
- In Re ArmisteadSupreme Court of Missouri · 1952
- State v. JohnsonSupreme Court of Missouri · 1933
- Ex Parte S.P. PerseMissouri Court of Appeals · 1926
- State v. StevensSupreme Court of Missouri · 1920
8 more not listed; retrieve them via the Exa API.