State v. Austin
Supreme Court of Missouri
(1) The indictment does not allege that defendant was discharged. Revised Statutes, 1889, sec. 3959; Wooclv. State, 53 N. T. 511; Kelley’s Criminal Law, sec. 615; State v. Loehr, 93 Mo. 103; State v. Small, 14 Atl. Rep. 727. The indictment must follow the language of the statute. Howell v. Commonwealth, 5 Gratt. 564; State v. Cheaüvoocl, 2 Hill (S. C.),559; State v. Emerich, 87 Mo. 110; State v. Helm, 6 Mo. 263; Williams v. State, 31 Am.
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(1) The indictment does not allege that defendant was discharged. Revised Statutes, 1889, sec. 3959; Wooclv. State, 53 N. T. 511; Kelley’s Criminal Law, sec. 615; State v. Loehr, 93 Mo. 103; State v. Small, 14 Atl. Rep. 727. The indictment must follow the language of the statute. Howell v. Commonwealth, 5 Gratt. 564; State v. Cheaüvoocl, 2 Hill (S. C.),559; State v. Emerich, 87 Mo. 110; State v. Helm, 6 Mo. 263; Williams v. State, 31 Am. Rep. 135; State v. O’JBannon, 1 Bailey, 144. The indictment must allege whatever is in law essential to the punishment to be inflicted. 1 Bishop on Criminal…
1Opinion of the CourtG-awtt, P. J.
The defendant was indicted at the September term, 1891, of the Lincoln circuit court for grand larceny of a horse, the property of Jonathan Dodson.
The indictment is as follows: “The grand jurors for the state of Missouri duly impanelled, sworn and charged to inquire within and for the body of the *541county of Lincoln and state of Missouri, do upon their oaths charge and present that Stephen E. Austin was charged and convicted of the offense of grand larceny on the ninth day of December, A. D. 1889, at the September adjourned term of the circuit court of Lincoln county, Missouri, in the year…
2Cases cited4 opinions
- Wood v. . People of the State of N.Y.New York Court of Appeals · 1873
- People v. AllenNew York Supreme Court · 1847
- State v. LoehrSupreme Court of Missouri · 1887
- State v. SmallSupreme Judicial Court of Maine · 1888
3Cited by35 opinions
- State v. BrinkleySupreme Court of Missouri · 1946
- State v. RoweSupreme Court of New Jersey · 1935
- State v. HillSupreme Court of Missouri · 1963
- Apprendi v. New JerseySupreme Court of the United States · 2000
- State v. MooreSupreme Court of Missouri · 1894
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