State v. S.E.

CRANDALL, Judge.

S.E., respondent herein, was charged by indictment with stealing $6,850 from the Estate of John A. Doe in violation of § 570.030, RSMo (Supp.1983). Upon respondent’s motion, the trial court dismissed the indictment finding that it did not charge “ownership of the alleged stolen property in any person capable of owning the same.” The State appeals in accordance with Rule 30.02. We affirm.

The test of the sufficiency of an indictment is whether it contains all the essential statutory elements of the offense and whether it clearly apprises the defendant of the facts constituting…