State v. Maupin
Supreme Court of Missouri
Appeal from Franklin Circuit Court. I. The additional words “and did procure it to be forged” do not .occur in the second count. If these words do render the second count bad on demurrer, or on motion to quash, still as the second count, is not obnoxious to that objection, the motion should have been overruled. (State vs. Rector, 11 Mo., 28; State vs. Wilson, 15 Mo., 503; State vs. Woodward, 21 Mo., 265.) II. But the words objected to do not vitiate the first count.
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Appeal from Franklin Circuit Court. I. The additional words “and did procure it to be forged” do not .occur in the second count. If these words do render the second count bad on demurrer, or on motion to quash, still as the second count, is not obnoxious to that objection, the motion should have been overruled. (State vs. Rector, 11 Mo., 28; State vs. Wilson, 15 Mo., 503; State vs. Woodward, 21 Mo., 265.) II. But the words objected to do not vitiate the first count. They all charge but one offense. (State vs. Carrigan, 24 Conn., 286; State vs. Batson, 31 Mo., 343 ; State vs. Palmer, 4 Mo.,…
1Opinion of the Court
V"Okies, Judge,
delivered tbe opinion of tbe court.
Tbe defendant was indicted in tbe Franklin Circuit Court for forgery in the 3rd degree.
At the November term of tbe Franklin Circuit Court, tbe defendant appeared and filed a motion to quash tbe indictment for reasons therein stated. This motion was beard by tbe court and sustained, and final judgment rendered in the cause against tbe State. Tbe plaintiff excepted to tbe ruling and judgment of tbe court, and lias appealed to this court.
Tbe only question presented for the consideration of this court is as to tbe sufficiency of tbe indictment. •…
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