State v. Gray
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) The indictment is fatally defective. Tbe essential word “with,” showing the weapon which was used, is omitted. “The word ‘with’ being omitted therefrom there is no allegation showing with what the alleged homicidal act was done. In criminal prosecutions everything constituting the offense must be set forth with certainty and clearness; nothing must be left to be implied.
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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) The indictment is fatally defective. Tbe essential word “with,” showing the weapon which was used, is omitted. “The word ‘with’ being omitted therefrom there is no allegation showing with what the alleged homicidal act was done. In criminal prosecutions everything constituting the offense must be set forth with certainty and clearness; nothing must be left to be implied. This is true of all felonies. If an essential word be dropped it is fatal.” State v. Rector, 126 Mo. 341; State v. Wilson, 172 Mo. 420. (2) The…
1Opinion of the CourtGantt, J.
On October 25, 1901, the grand jury of St. Louis preferred an indictment against Sampson, alias “Bud,” Gray for the murder of George Jones, in said city, on the night of the ninth day of June, 1901.
The deceased and defendant and his co-indictee, John Pitts, were all negroes. The deceased and the defendant were laborers in the employment of the Howard & Evans Clay Pipe Company, near Macklin avenue, in St. Louis. On the morning of J une 10,1901, the dead body of George Jones was found lying about two hundred feet east on Macklin avenue, and about *433four hundred and fifty feet north of Manchester…
2Cases cited1 opinion
- State v. WilsonSupreme Court of Missouri · 1903
3Cited by10 opinions
- Hanye v. StateSupreme Court of Alabama · 1924
- State v. GiesekeSupreme Court of Missouri · 1908
- State v. ZornSupreme Court of Missouri · 1907
- State v. WestSupreme Court of Missouri · 1907
- State v. GlasscockSupreme Court of Missouri · 1911
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