State v. Wilcoxen
Supreme Court of Missouri
Appeal from Neivton Circuit Court. The indictment is sufficient — R. C. 1855, p. 574, § 20. The time at which the offence was committed is not of the essence of the offence, and hence the indictment is not defective for failing to state the time when the offence was committed— R. C. 1855, p. 1176,§ 27. The second ground for quashing the indictment assigned by defendant is untrue in fact; the indictment in this regard charges that the property was seized, taken and carried…
Read the full summary
Appeal from Neivton Circuit Court. The indictment is sufficient — R. C. 1855, p. 574, § 20. The time at which the offence was committed is not of the essence of the offence, and hence the indictment is not defective for failing to state the time when the offence was committed— R. C. 1855, p. 1176,§ 27. The second ground for quashing the indictment assigned by defendant is untrue in fact; the indictment in this regard charges that the property was seized, taken and carried away “from the presence, possession, and against the will1 of Frederick 0. Clark, which is the same as to charge in the…
1Opinion of the Court
WasneR,-Judge,
delivered the opinion of the court.
The respondent was indicted in the Circuit Court of Newton county for robbery in the first degree, in taking a horse the property of Frederick 0. Clark; and on his motion the indictment was quashed because the time at which the of-fence was committed was not specified, and because the indictment did not charge that the property was taken from the person or in the presence of Clark, or that the respondent feloniously put Clark in fear of some immediate injury to his person.
The indictment is based on sec. 20 of the act in regard to crimes and…
2Cases cited1 opinion
- State v. StumboSupreme Court of Missouri · 1858
3Cited by11 opinions
- State v. BrownSupreme Court of Missouri · 1891
- State v. WardSupreme Court of Missouri · 1881
- State v. SumpterSupreme Court of Missouri · 1934
- State v. SammonsIndiana Supreme Court · 1884
- State v. WilliamsSupreme Court of Missouri · 1873
6 more not listed; retrieve them via the Exa API.