State v. Holden
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The omission of the words “then and there” in the conclusion of the indictment and in the clause charging the age of the vendee, the minor, is fatal to the validity of the indictment. Nothing material in the indictment will be taken by intendment.
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Appeal from Howell Circuit Court. — Hon. W. N. Evans, Judge. (1) The omission of the words “then and there” in the conclusion of the indictment and in the clause charging the age of the vendee, the minor, is fatal to the validity of the indictment. Nothing material in the indictment will be taken by intendment. State v. Patterson, 159 Mo. 101; State v. Meyers, 99 Mo. 107; State v. Minor, 193 Mo. 597. (2) There is nothing to show that the prosecuting attorney of Howell county signed the said indictment. Unless the prosecuting attorney of the county within which an indictment is returned signs…
1Opinion of the CourtCox, J.
Indictment by grand jury for sale of liquor to minors, under section 2179, R. S. 1899, as follows (omitting caption) :
“The grand jurors for the State of Missouri, summoned from the body of Howell county, empanelled, sworn and charged to inquire within and for the body of Howell county, upon their oath, present and charge, that one Bush Holden, late of the county aforesaid, on the 3rd day of February, 1907, at and in the county of Howell and State of Missouri, did then and there, wilfully and unlawfully, directly and indirectly sell, give away and otherwise dispose, furnish and deliver certain…
2Cases cited6 opinions
- Bobel v. PeopleIllinois Supreme Court · 1898
- Gracey v. City of St. LouisSupreme Court of Missouri · 1909
- State v. WalkerMissouri Court of Appeals · 1908
- State v. PoundstoneMissouri Court of Appeals · 1910
- State v. RamsauerMissouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. GoodmanMissouri Court of Appeals · 1972