State v. Elliott
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) The court committed error in refusing to quash the indictment for failure of foreman of grand jury to endorse on said indictment the words, “a true bill,” and for failure to endorse on said indictment, after his name, the word “foreman.”
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Appeal from Moniteau Circuit Court. — Hon. E. L. Edwards, Judge. (1) The court committed error in refusing to quash the indictment for failure of foreman of grand jury to endorse on said indictment the words, “a true bill,” and for failure to endorse on said indictment, after his name, the word “foreman.” Statutes of 1879, secs. 1795, 1798; State ■». Bruce, 77 Mo. 193 ; State v. Burgess, 24 Mo. 381; State v. Murphy, 47 Mo. 274. (2) The court should have submitted to the jury, under the evidence in the cause, an appropriate instruction in reference to manslaughter in the second degree, under…
1Opinion of the CourtBlack, J.
— The defendant was convicted of murder in the second degree and sentenced to imprisonment for thirty years, for killing Rudolf Niederhauser on the fifth of July, 1887.
A reversal is asked because the court overruled a motion to quash the indictment. On the back of the indictment appear these words, “ a true bill,” which are erased by a stroke of the pen, and then follows this certificate: “A true bill. J. V. Johnson, foreman of the grand jury.” It appears the prosecuting attorney made this endorsement, except the signature of the foreman, who signed his name in a blank left for that purpose *154be…
2Cases cited3 opinions
- State v. BranstetterSupreme Court of Missouri · 1877
- State v. AlexanderSupreme Court of Missouri · 1877
- State v. BruceSupreme Court of Missouri · 1882
3Cited by16 opinions
- Espy v. StateWyoming Supreme Court · 1939
- State v. GartrellMissouri Court of Appeals · 1903
- State v. GordonSupreme Court of Missouri · 1905
- State v. TalmageSupreme Court of Missouri · 1891
- State v. HeathSupreme Court of Missouri · 1909
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