State v. Aguila
Supreme Court of Missouri
APPEAL from St. Louis Criminal Court. STATEMENT OP THE CASE. The grand jurors of St. Louis county, at the last May term of the St. Louis criminal court, to wit: On the 20th day of May, 1850, found and returned into court au indictment against the defendant containing two counts.
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APPEAL from St. Louis Criminal Court. STATEMENT OP THE CASE. The grand jurors of St. Louis county, at the last May term of the St. Louis criminal court, to wit: On the 20th day of May, 1850, found and returned into court au indictment against the defendant containing two counts. The first count charges that the defendant on the first day of March, 1850, at St. Louis, in SI, Louis county, about the hour of 10 in the night time of said day, with force and arms at the county aforesaid, unlawfully, maliciously and feloniously, did set fire to, and burn the dwelling house of Thomas R. Harman, then…
1Opinion of the CourtRyland, J.
From the above statement, it will be seen, that the point for the adjudication of this court, arises from the action of the criminal court in quashing the indictment — for the omission ©f the circuit attorney to mention the name of the “human being” alleged to be in the dwelling house at the time that the defendant is charged to have committed the arson.
The indictment is drawn under the 1st sec. of the 3rd article of the criminal code of 1845, which declares “that every person who shall set ñre to or burn, in -the night time, any dwelling house in which there *132shall be at the same time some…
2Cited by5 opinions
- State v. HayesSupreme Court of Missouri · 1883
- State v. JonesMissouri Court of Appeals · 1903
- State v. BowlesMissouri Court of Appeals · 1988
- State v. FettyMissouri Court of Appeals · 1983
- State v. MyerSupreme Court of Missouri · 1914