State v. Payne
Supreme Court of Missouri
Appeal from Greene Criminal Court. — Hon. Jas. T. Neville, Special Judge. (1) The indictment is so drawn as to deny to the accused information concerning the nature and cause of the accusation against him, and is violative of his constitutional rights as written in article 2, section 22, Constitution of Missouri.
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Appeal from Greene Criminal Court. — Hon. Jas. T. Neville, Special Judge. (1) The indictment is so drawn as to deny to the accused information concerning the nature and cause of the accusation against him, and is violative of his constitutional rights as written in article 2, section 22, Constitution of Missouri. (2) Felonious intent being the gravamen of the offense attempted to he charged against defendant, that felonious intent must he specifically pleaded in order that the indictment may be sound. State v. Clayton,. 100 Mo. 576. The indictment is sufficient; it follows the language of the…
1Opinion of the CourtFox, J.
This cause is here for review upon appeal from a judgment of conviction of the defendant in the criminal court of Greene county, Missouri. The only assignment of error to which our attention is directed in the brief of counsel for appellant being that the indictment is insufficient to support the judgment, it is well to here reproduce it. Omitting formal parts, it thus charges the offense:
“The grand jurors of the State of Missouri, empaneled, sworn and charged to inquire within and for *444the body of Greene county, upon their oath present, that Hiram Payne, late of Greene county, and State…
2Cases cited6 opinions
- State v. SmithSupreme Court of Missouri · 1883
- State v. WraySupreme Court of Missouri · 1891
- State v. ChandlerSupreme Court of Missouri · 1857
- State v. RiselingSupreme Court of Missouri · 1905
- State v. PratherSupreme Court of Missouri · 1896
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3Cited by5 opinions
- State v. PageSupreme Court of Missouri · 1908
- State v. ComerSupreme Court of Missouri · 1922
- State v. LongSupreme Court of Missouri · 1908
- State v. PinkardSupreme Court of Missouri · 1927
- State v. BeverlySupreme Court of Missouri · 1907