State v. Newsum
Supreme Court of Missouri
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
- State v. WearSupreme Court of Missouri · 1898
- State v. HuettSupreme Court of Missouri · 1937
- Byrd v. BrownMissouri Court of Appeals · 1981
- State v. GillhamSupreme Court of Missouri · 1903
- State v. AllisonSupreme Court of Missouri · 1971
4 more not listed; retrieve them via the Exa API.