Legal Opinion

State v. Newsum

Supreme Court of Missouri

Decided June 18, 1895PublishedCited by 9 opinions

Appeal from Cape Girardeau Circuit Court. — Hon. D. W. Shackleford, Special Judge. (1) The indictment is fatally defective because it fails to conclude 1 ‘against the peace and dignity of the state,” as required by the constitution of the state. Constitution, art. 6, sec. 38; State v. Stacy, 103 Mo. 11; State v. Pemberton, 30 Mo. 376; State v. Lopes, 19 Mo. 254; Williams v. State, 27 Wis. 402; Lemons v. State, 4 W. Ya. 755; 10 Am. & Eng. Encyclopedia of Law, p. 513, et seg.

Read the full summary

Appeal from Cape Girardeau Circuit Court. — Hon. D. W. Shackleford, Special Judge. (1) The indictment is fatally defective because it fails to conclude 1 ‘against the peace and dignity of the state,” as required by the constitution of the state. Constitution, art. 6, sec. 38; State v. Stacy, 103 Mo. 11; State v. Pemberton, 30 Mo. 376; State v. Lopes, 19 Mo. 254; Williams v. State, 27 Wis. 402; Lemons v. State, 4 W. Ya. 755; 10 Am. & Eng. Encyclopedia of Law, p. 513, et seg. (2) Advantage of this defect may be taken for the first time in this court. State v. Burns, 99 Mo. 471; State v.…

1Opinion of the CourtBurgess, J.

From a conviction of murder of the first degree in shooting to death with a revolving pistol one Wm. S. Gray defendant appealed. The murder is charged to have been committed on the night of November 12, 1892, in a saloon in New Madrid, New Madrid county, Missouri. The indictment was preferred by the grand jury of that county, and on application of defendant the venue was changed to Cape G-irardeau county.

At the January term, 1894, of the circuit court of the last named county, defendant was arraigned, and *158upon refusal to plead, by direction of the court a plea of not guilty was entered of…

2Cited by9 opinions

  1. State v. WearSupreme Court of Missouri · 1898
  2. State v. HuettSupreme Court of Missouri · 1937
  3. Byrd v. BrownMissouri Court of Appeals · 1981
  4. State v. GillhamSupreme Court of Missouri · 1903
  5. State v. AllisonSupreme Court of Missouri · 1971

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API