State v. Rose
Supreme Court of Missouri
Appeal from Greene Circuit Court. The defendant was indicted at the January term of the Greene Circuit Court, for the year 1860, for an indecent exposure of his person on a public highway. The defendant filed his motion to quash the indictment, assigning the following reasons therefor: 1. Because there is no offence charged. 2. Because it does not use the language of the statute descriptive of any offence known to the law.
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Appeal from Greene Circuit Court. The defendant was indicted at the January term of the Greene Circuit Court, for the year 1860, for an indecent exposure of his person on a public highway. The defendant filed his motion to quash the indictment, assigning the following reasons therefor: 1. Because there is no offence charged. 2. Because it does not use the language of the statute descriptive of any offence known to the law. This motion was sustained by the court, to which the State excepted and brings the case to this court by appeal. I. The indictment may not use language sufficient to make…
1Opinion of the CourtBat, Judge
The indictment in this case does not allege, in the words of the statute, that the act of public indecency was open and notorious, and is therefore not good under the statute; but the offence charged is indictable at common law, for whatever outrages decency and is injurious to public morals is a misdemeanor at common law and punishable as such. (Rex v. Cruden, 2 Camp. 69; 1 Russ. Crimes, 46; 4 Black. Com. 41; 2 Yerg. 589; 25 Mo. 315.)
The court below, therefore, erred in sustaining the motion to quash the indictment, for which reason its judgment will be reversed and the case remanded ;
the…
2Cases cited1 opinion
- State v. ApplingSupreme Court of Missouri · 1857
3Cited by6 opinions
- State v. NeaseOregon Supreme Court · 1905
- Gilmore v. StateSupreme Court of Georgia · 1903
- Redd v. StateCourt of Appeals of Georgia · 1910
- Truett v. StateAlabama Court of Appeals · 1912
- State v. BollSupreme Court of Missouri · 1875
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