Legal Opinion

Thomas v. State

Supreme Court of Missouri

Decided August 15, 1840PublishedCited by 8 opinions

Appeal from Carroll circuit court. 1st. The indictment is not signed by the prosecuting attorney or any one for him. Snd. The indictment does not sufficiently describe the offence. 3rd. The court entered judgment for the fine without finding the defendant guilty of the charge. 1st point. See Rev. Statutes Mo., page 89, sec. 4, title “attornies at law,” also title “practice at law,” page 458, sec. 6. 1st Chitty crin, law 335, side page. 2nd point.

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Appeal from Carroll circuit court. 1st. The indictment is not signed by the prosecuting attorney or any one for him. Snd. The indictment does not sufficiently describe the offence. 3rd. The court entered judgment for the fine without finding the defendant guilty of the charge. 1st point. See Rev. Statutes Mo., page 89, sec. 4, title “attornies at law,” also title “practice at law,” page 458, sec. 6. 1st Chitty crin, law 335, side page. 2nd point. See statute 209, sec. 30, crimes and punishments. 3rd point. See statute p. 485, sec. 4, title “practice and proceedings in criminal cases.”

1Opinion of the Court

Opinion of the court by

Tompkins Judge.

The plaintiff in error was indicted for horse racing. The defendant, demurred to the indictment; the circuit court-over ruled the demurrer, and then assessed the defendants’ fine to ten dollars.

The indictment charges the offence in the words of the -statute, and comment is useless.

But the statute directs that, in all cases where the defendant does not confess the indictment to be true, a plea of not guilty shall be entered, and the '-■ame proceedings shall be had as if the defendant had indictment. formally pleaded not guilty to such

The law never…

2Cited by8 opinions

  1. State v. MurphySupreme Court of Missouri · 1871
  2. State v. CottrillWest Virginia Supreme Court · 1888
  3. Neales v. StateSupreme Court of Missouri · 1847
  4. City of Lexington v. CurtinSupreme Court of Missouri · 1879
  5. McCuen v. StateSupreme Court of Arkansas · 1858

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