State v. Randolph
Missouri Court of Appeals
Appeal from McDonald Circuit Court. — Hon. F. G. Johnston, Judge. (1) Without any evidence, the grand jury found the material fact that the Local Option Law was in force in the county. Where there is no evidence the indictment should be abated. State v. Grady, 84 Mo. 224; State v. Faulkner, 185 Mo. 695. (2) Imprisonment being assessed by the court, the record must affirmatively show the presence of the defendant.
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Appeal from McDonald Circuit Court. — Hon. F. G. Johnston, Judge. (1) Without any evidence, the grand jury found the material fact that the Local Option Law was in force in the county. Where there is no evidence the indictment should be abated. State v. Grady, 84 Mo. 224; State v. Faulkner, 185 Mo. 695. (2) Imprisonment being assessed by the court, the record must affirmatively show the presence of the defendant. State v. McClain, 156 Mo. 99; R. S. 1899, sec. 2656. (1) It was not necessary to have every fact before the grand jury in order to enable them to .find an indictment against…
1Opinion of the Court
COX, J. —
Indictment returned by grand jury, McDonald County, August term, 1907, charging the defendant with selling liquor in violation of the Local Option Law. Plea in abatement filed by defendant, evidence heard thereon and plea overruled. Plea of not guilty entered, jury Avaived, trial by court, defendant convicted, and punishment fixed at a fine of five hundred dollars and imprisonment in the county jail for a term of six months. Motion for a new trial and in arrest of judgment filed and overruled. Judgment entered against defendant from which he has appealed.
The objections are: First,…
2Cases cited7 opinions
- State v. GriffinSupreme Court of Missouri · 1885
- State v. FaulknerSupreme Court of Missouri · 1905
- State v. McClainSupreme Court of Missouri · 1897
- Ball v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- State v. PateSupreme Court of Missouri · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. SelleSupreme Court of Missouri · 1963
- State v. HillMissouri Court of Appeals · 1981
- State v. CorlewSupreme Court of Missouri · 1971
- State v. TresslerSupreme Court of Missouri · 1973
- State v. BrunsMissouri Court of Appeals · 1975
3 more not listed; retrieve them via the Exa API.