State v. Fraker
Supreme Court of Missouri
Appeal from Bay Circuit Court. — IloN. E. J. Bboaddus, Judge. (1) Defendant very strongly insisted in tbe lower court upon tbe fact that section 3826, Eevised Statutes 1889, is unconstitutional. This section bas been repeatedly declared to be constitutional in so far as tbe offense therein described is concerned.
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Appeal from Bay Circuit Court. — IloN. E. J. Bboaddus, Judge. (1) Defendant very strongly insisted in tbe lower court upon tbe fact that section 3826, Eevised Statutes 1889, is unconstitutional. This section bas been repeatedly declared to be constitutional in so far as tbe offense therein described is concerned. Tbe form of tbe charge in tbe indictment therein given bas alone met tbe disapproval of tbe court, and that only in tbe later decisions, as formerly it was held to be constitutional, which will be observed by reading tbe following decisions: State v. Levy, 119 Mo. 436; State v.…
1Opinion of the CourtSheewood, J.
This appeal is taken by the State because the trial court, on motion of defendant, quashed the-' indictment.
The bill of exceptions shows that the motion was “taken up and in all things sustained and that thereupon, the State by its attorney then and there excepted.” Einal judgment was then entered, holding the indictment insufficient in law and ordering the discharge of defendant.
The indictment covers twenty-four pages of printed matter and consists of five counts, one of which, as they all have a strong family likeness, will be sufficient to notice:
“In the Circuit Oourt of Eay county,…
2Cases cited14 opinions
- Hicks v. CommonwealthSupreme Court of Virginia · 1889
- McDade v. PeopleMichigan Supreme Court · 1874
- State v. TerrySupreme Court of Missouri · 1891
- Griffin v. StateSupreme Court of Georgia · 1858
- Commonwealth v. HarkinsMassachusetts Supreme Judicial Court · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Crow v. Crawford & Co.Missouri Court of Appeals · 2008
- Snider v. WimberlySupreme Court of Missouri · 1948
- Wehrman v. Liberty Petroleum CompanyMissouri Court of Appeals · 1964
- State v. DavisSupreme Court of Missouri · 1928
- Bergel v. KassebaumMissouri Court of Appeals · 1978
12 more not listed; retrieve them via the Exa API.