State v. Dewitt
Supreme Court of Missouri
Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. (a) In a criminal prosecution nothing is taken by intendment. State v. Austin, 113 Mo. 542. It is an elemental principle in criminal pleading that the indictment must allege every substantive fact that-is necessary to establish the guilt of a defendant. State v. Reed, 117 Mo. 613. When a particular intent is an element of the offense it must be charged.
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Appeal from Texas Circuit Court. — Hon. L. B. Woodside, Judge. (a) In a criminal prosecution nothing is taken by intendment. State v. Austin, 113 Mo. 542. It is an elemental principle in criminal pleading that the indictment must allege every substantive fact that-is necessary to establish the guilt of a defendant. State v. Reed, 117 Mo. 613. When a particular intent is an element of the offense it must be charged. State v. Pinger, 57 Mo. 246; State v. Campbell, 108 Mo. 614; State v. Hesseltine, 130 Mo. 468. While much is said in the books about the felonious and criminal intents, still just…
1Opinion of the CourtBurgess, J.
At the November term, 1898, of the circuit court of Texas county, the defendant was convicted of grand larceny and his punishment fixed at two years’ imprisonment in the penitentiary. He appeals.
The indictment was against defendant and one Rude Stark. It is as follows: “The grand jurors for the State of Missouri duly impaneled, charged and sworn to inquire within and for the body of the county of Texas and true presentment make, upon their oath present and charge that one Erank Dewitt and Rude Stark, on the 7th day of June, in the year 1897, in the county of Texas aforesaid, did then and…
2Cases cited10 opinions
- State v. MarshallSupreme Court of Missouri · 1865
- State v. RaySupreme Court of Missouri · 1873
- State v. WilliamsSupreme Court of Missouri · 1883
- State v. CrowSupreme Court of Missouri · 1891
- State v. McDonaldSupreme Court of Missouri · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. ZammarSupreme Court of Missouri · 1957
- State v. SmithSupreme Court of Missouri · 1905
- State v. TettatonSupreme Court of Missouri · 1901
- State v. MilesSupreme Court of Missouri · 1967
- State v. GreenleeNew Mexico Supreme Court · 1928
18 more not listed; retrieve them via the Exa API.