State v. Kirby
Supreme Court of Missouri
Appeal from Buchanan Criminal Court. — Hon. Silas Woodson, Judge. (l).The indictment does charge a crime against the state. Revised Statutes, 1889, secs. 742, 746, 747. (2) The statute does not require, as an ingredient of the offense, that the wheat should have been stored for hire. The indictment need only follow the words of the statute.
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Appeal from Buchanan Criminal Court. — Hon. Silas Woodson, Judge. (l).The indictment does charge a crime against the state. Revised Statutes, 1889, secs. 742, 746, 747. (2) The statute does not require, as an ingredient of the offense, that the wheat should have been stored for hire. The indictment need only follow the words of the statute. (See innumerable decisions on this point.) A bailee may be indicted for conversion, though the bailment was gratuitous. 2 Bishop on Criminal Law [7 Ed.] sec. 834, p. 472; Statev. Fairclough, 29 Conn. 47. . (3) The indictment by intendment, and in its…
1Opinion of the Court
Uantt, P. J'.
This is an appeal by the state from the judgment of the criminal court of Buchanan county,, quashing the following indictment:
“State oe Missotoi “County of Platte.
In the Circuit Court, August Term, 1891.
The grand jurors for the state of Missouri, summoned from the body of Platte county, impaneled, charged and sworn, upon their oaths present that on *443the twenty-third day of December, 1890, at the said county of Platte, state aforesaid, George W. Kirby was president, and Perry W. Noland was secretary of the Dearborn Milling Company, a corporation existing under and by virtue of the…
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