State v. Stephens
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ho». Jas. E. Withroiv, Judge. The court erred in holding that the indictment stated a cause of action and charged a crime against the law. State v. Edwards, 70 Mo. 480; State v. Manning, 168 Mo. 418. The mere clerical error in the indictment, about which defendant’s counsel complain, did not vitiate, the indictment, nor cause that document to fail to inform the defendant of the charge against him.
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Appeal from St. Louis City Circuit Court. — Ho». Jas. E. Withroiv, Judge. The court erred in holding that the indictment stated a cause of action and charged a crime against the law. State v. Edwards, 70 Mo. 480; State v. Manning, 168 Mo. 418. The mere clerical error in the indictment, about which defendant’s counsel complain, did not vitiate, the indictment, nor cause that document to fail to inform the defendant of the charge against him. It has often been decided that the misspelling of words, or the use of bad grammar in an indictment, is not sufficient grounds for quashing the indictment…
1Opinion of the CourtBurgess, P. J.
On an indictment preferred by the grand jury of the city of St. Louis in which de*262fendant is charged with ravishing and carnally knowing one Helen Dillon, a female child under the age of fourteen years, defendant was, on the 21st day of November, 1905, in the circuit court of said city, convicted of assault with intent to commit a rape upon said child, and his punishment fixed at three years in the penitentiary. He appeals..
The indictment is as follows:
“The grand jurors of the State of Missouri, within and for the body of the city of St. Louis, now here in court, duly impaneled, sworn and…
2Cases cited2 opinions
- State v. EdwardsSupreme Court of Missouri · 1879
- State v. ManningSupreme Court of Missouri · 1902
3Cited by5 opinions
- State v. DuncanSupreme Court of Missouri · 1935
- State Ex Rel. McCormick v. HallWest Virginia Supreme Court · 1966
- State v. MerrittMissouri Court of Appeals · 1979
- Culpepper v. StateSupreme Court of Georgia · 1931
- State v. JonesMissouri Court of Appeals · 1978