State v. Dawson
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — How. D. H. Eby, Judge. (1) The information is bad in that it fails to state that James P. Boyd, prosecuting attorney, upon his oath charges the defendant with murder. This court has repeatedly held that an indictment returned by a grand jury charging a defendant with murder must, in the charging clause, include the words, “upon their oaths,” etc.
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Appeal from Monroe Circuit Court. — How. D. H. Eby, Judge. (1) The information is bad in that it fails to state that James P. Boyd, prosecuting attorney, upon his oath charges the defendant with murder. This court has repeatedly held that an indictment returned by a grand jury charging a defendant with murder must, in the charging clause, include the words, “upon their oaths,” etc. State v. Furgerson, 152 Mo. 92; State v. Sanders, 158 Mo. 610; State v. Cook and Frogge, 170 Mo. 211. (2) Upon what ground and what theory of reasoning can it be successfully contended that this requirement should…
1Opinion of the Court
BURGESS, J. —
During the December term, 1903, of the circuit court of Monroe county, and on the eighth day of said month, there was filed in said court an information by the prosecuting attorney of said county, in which the defendant Dawson was charged with having on the fourth day of December, 1903, at *63said county, feloniously, willfully, premeditatedly, deliberately, on purpose and of Ms malice aforethought shot and killed with a pistol one Anna Hartman. Upon trial thereafter had before the court and a jury, defendant was convicted of murder in the first degree, and his punishment fixed at…
2Cases cited7 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- Ex parte SlaterSupreme Court of Missouri · 1880
- State v. ColemanSupreme Court of Missouri · 1905
- State v. FurgersonSupreme Court of Missouri · 1899
- State v. AtchleySupreme Court of Missouri · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. MinorSupreme Court of Missouri · 1906
- State v. RennisonSupreme Court of Missouri · 1924
- State v. LeeSupreme Court of Missouri · 1924
- State v. MorganSupreme Court of Missouri · 1906
- State v. ClineSupreme Court of Missouri · 1915
1 more not listed; retrieve them via the Exa API.