State v. Hilton
Supreme Court of Missouri
Appeal from Macon Circuit Court. The following is the indictment, the quashing of which constitutes the error complained of: “The grand jurors for the state of Missouri, for the body of the county of Macon, upon their oaths present that Hamilton Hilton, Elijah Levitt, John Baker, John Davatt and William Owens, late of the said county of Macon, on the first day of March, in the year 1857, at, &c., did by force rescue one Christian Comfrey from Allen C. Gunter, by whom he was…
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Appeal from Macon Circuit Court. The following is the indictment, the quashing of which constitutes the error complained of: “The grand jurors for the state of Missouri, for the body of the county of Macon, upon their oaths present that Hamilton Hilton, Elijah Levitt, John Baker, John Davatt and William Owens, late of the said county of Macon, on the first day of March, in the year 1857, at, &c., did by force rescue one Christian Comfrey from Allen C. Gunter, by whom he was then and there held in custody for an offence other than a felony, against the peace and dignity of the state. “ And the…
1Opinion of the CourtRichardson, Judge
The indictment for a rescue should state the nature and cause of the imprisonment of the person alleged to have been *201rescued; (1 Russ, on Crimes, 434;) and it should also state whether the person from whom the rescue was made was a public officer or a private person. (1 Hale P. C. 606.) For, whilst the custody of a person in the hands of a public officer would imply notice that the prisoner was lawfully held and the rescue would be at the peril of the party making it, the offence would not exist if the rescue was made from the custody of a private person, unless the defendant knew that the…
2Cited by7 opinions
- City of De Soto v. BrownMissouri Court of Appeals · 1891
- State v. LawrenceSupreme Court of Kansas · 1890
- State v. PerrySupreme Court of Iowa · 1899
- State v. MaloneySupreme Court of Rhode Island · 1879
- Newberry v. StateOhio Circuit Courts · 1897
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