State v. Riley
Supreme Court of Missouri
Appeal from Buchanan Criminal Court.—How. Silas Woodsow, Judge. (1) The court should have sustained the motion to quash the indictment. It was necessary to allege the Christian name and surname of W. E. Brocken or give some reason for not so doing. Willis v. People, 1 Scammon (111.) 399; Moore’s Crim.
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Appeal from Buchanan Criminal Court.—How. Silas Woodsow, Judge. (1) The court should have sustained the motion to quash the indictment. It was necessary to allege the Christian name and surname of W. E. Brocken or give some reason for not so doing. Willis v. People, 1 Scammon (111.) 399; Moore’s Crim. Law, sec. 160, pp. 217, 881; Jones v. State, 11 Ind. 357; Kelley’s Crim* Law, secs. 174, 176, 180, 600; State v. Fay, 65 Mo. 490; State v. Horn, 93 Mo. 190; State v. Smith, 31 Mo. 120. (2) There was a variance between the allegations of the indictment and the evidence. The indictment charged the…
1Opinion of the CourtRay, C. J.
Defendant was indicted, tried and convicted in the Buchanan county criminal court of the larceny of a shot-gun, from a dwelling house, and his punishment assessed at imprisonment in the penitentiary for three years.
Omitting caption and signature of the prosecuting attorney the indictment in the cause is as follows :
“The grand jurors of the state of Missouri, within and for the body of the county of Buchanan aforesaid, being duly empanelled and sworn, upon their oaths do present that James Riley, on the fifteenth day of May, A. D. 1889, or within a few days next before said fifteenth day of…
2Cases cited3 opinions
- State v. HundleySupreme Court of Missouri · 1870
- State v. RamelsburgSupreme Court of Missouri · 1860
- State v. SmithSupreme Court of Missouri · 1860
3Cited by9 opinions
- State KidwellWest Virginia Supreme Court · 1907
- State v. CraytonSupreme Court of Missouri · 1962
- State v. ShipmanMissouri Court of Appeals · 1978
- White v. Com.Supreme Court of Virginia · 2006
- State v. ClevengerSupreme Court of Missouri · 1900
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