State v. Johnson
Supreme Court of Missouri
M'ror to Cole Circuit Court. — Hon. E. L. Edwards, Judge. The indictment did not sufficiently allege that defendant was lawfully confined in the . penitentiary. It does not set out the full name of defendant. It was not sufficient to use the initials of his given name without giving any reason why the full name was omitted. (1) [a] The crime of a breach of prison was a felony at the common law.
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M'ror to Cole Circuit Court. — Hon. E. L. Edwards, Judge. The indictment did not sufficiently allege that defendant was lawfully confined in the . penitentiary. It does not set out the full name of defendant. It was not sufficient to use the initials of his given name without giving any reason why the full name was omitted. (1) [a] The crime of a breach of prison was a felony at the common law. In an indictment therefor, it was necessary, not only to state the actual breaking, and that the defendant was lawfully in prison, but, also, the nature and cause of such imprisonment. 1 Hale’s P. O.…
1Opinion of the CourtSherwood, J.
The indictment, omitting the formal parts,is as follows: “That heretofore, to-wit: On the twenty-third day of February, 1883, at the county aforesaid, J. B. Johnson, Robert Jennings, John Williams, David Taylor, Perry Martin, and Lloyd Anderson were each, and all of them, convicts, and, as such, lawfully imprisoned in the penitentiary of the state of Missouri, there and then situate, according to the statute in such cases made and provided, for a term less than life, and *320that the said J. R. Johnson, Robert Jennings, John Williams, David Taylor, Perry Martin, and Lloyd Anderson, and each of…
2Cases cited3 opinions
- State v. AddcockSupreme Court of Missouri · 1877
- State v. MurraySupreme Judicial Court of Maine · 1838
- Gunyon v. StateIndiana Supreme Court · 1879
3Cited by11 opinions
- State v. KuselWyoming Supreme Court · 1923
- Eaves v. StateSupreme Court of Georgia · 1901
- State v. KingSupreme Court of Missouri · 1963
- State v. BlakemoreSupreme Court of Missouri · 1910
- Abercrombie v. StateSupreme Court of Missouri · 1970
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