Legal Opinion

State v. Batson

Supreme Court of Missouri

Decided January 15, 1861PublishedCited by 11 opinions

Error to Greene Circuit Court. I. The indictment is sufficient under the statute. (R. C. 1855, p. 384, § 60.) It avers that the defendant wilfully and maliciously broke and injured the door of a dwelling house, specifying to whom the same belonged, and the time and place the offence was committed, which is all the description of the offence necessary under the law.

1Opinion of the CourtEwing, Judge

The defendant was indicted and convicted for malicious injury to property under section 60, art. 3d, act concerning crimes and their punishments, and his fine assessed at five dollars. A motion in arrest of judgment being sustained, the State brings the case here by writ of error.

The indictment contains three counts, the first of which charges that the defendant, on, &c., at, &c., with force and arms did then and there unlawfully, wilfully and maliciously *344break and injure the door of a dwelling house, the same being-then and there the property of one Samuel W. Helton, contrary, &c. The second…

2Cited by11 opinions

  1. Ex parte RickeyNevada Supreme Court · 1909
  2. McClure v. PeopleSupreme Court of Colorado · 1900
  3. State v. WestSupreme Court of Missouri · 1900
  4. State v. HarrounSupreme Court of Missouri · 1906
  5. State v. WestMissouri Court of Appeals · 1886

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