State v. Doyle
Supreme Court of Missouri
Appeal from, Maries Circuit Court. — Hon. Rudolph Hirzell, Judge. (1) The court erred in overruling the motion to quash and in arrest. State v. Feaster, 26 Md. 326; State v. Davis, 29 Mo. 391. (2) The court had no right to allow the state’s attorney to mutilate the indictment by allowing names of witnesses to be indorsed thereon after the jury was sworn. It made the indictment say something it did not say when it left the grand jury.
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Appeal from, Maries Circuit Court. — Hon. Rudolph Hirzell, Judge. (1) The court erred in overruling the motion to quash and in arrest. State v. Feaster, 26 Md. 326; State v. Davis, 29 Mo. 391. (2) The court had no right to allow the state’s attorney to mutilate the indictment by allowing names of witnesses to be indorsed thereon after the jury was sworn. It made the indictment say something it did not say when it left the grand jury. It was not the same document that the grand jury returned into court. R. S. 1889, sec. 4097; R. S. 1879, sec. 1802. (3) The court erred in permitting the boy…
1Opinion of the CourtMacfarlane, J.
Defendant was convicted by the circuit court of Maries county of a felonious assault, and from the judgment appealed to this court. The indictment und'qr which he was charged was framed upon section 1262, Revised Statutes, 1879, and the charging part was, that defendant, “with force and arms in and upon one Thos. R. Shockley, in the peace of the state, then and there being, unlawfully, wilfully, feloniously, on purpose and of his malice aforethought, with a deadly weapon, to-wit, a double-barrel shotgun, loaded with gunpowder and leaden balls, which he, .the said Doyle, then and there had and…
2Cases cited21 opinions
- State v. PattersonSupreme Court of Missouri · 1881
- State v. EmorySupreme Court of Missouri · 1883
- State v. McDonaldSupreme Court of Missouri · 1877
- State v. DaySupreme Court of Missouri · 1889
- State v. DavisSupreme Court of Missouri · 1860
16 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. BondSupreme Court of Missouri · 1905
- State v. HubbsSupreme Court of Missouri · 1922
- Steen v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. RichmondSupreme Court of Missouri · 1928
- State v. NelsonSupreme Court of Missouri · 1896
12 more not listed; retrieve them via the Exa API.