State v. Armstrong
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Hon. A. D. Burnes, Judge. (1) The indictment does not charge any offense and is not indorsed by the foreman of the grand jury. State v. Brooks, 94 Mo. 121; State v. Burgess, 24 Mo. 381; State v. Orrick, 106 Mo.
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Appeal from Platte Circuit Court. — Hon. A. D. Burnes, Judge. (1) The indictment does not charge any offense and is not indorsed by the foreman of the grand jury. State v. Brooks, 94 Mo. 121; State v. Burgess, 24 Mo. 381; State v. Orrick, 106 Mo. Ill; State v. Mertins, 14 Mo. 94; State v. Murphy, 47 Mo. 274. (2) The only pretense of testimony of the penetration is given in the opinion of the prosecuting witness who says, “I don’t know, but think the male organ penetrated my body,” and the testimony of an alleged confession of defendant to the witness Shoemaker. If men can be hung upon such…
1Opinion of the CourtGantt, J.
At the September term, 1900, of the circuit court of Clinton county, the defendant, General Armstrong, was indicted for rape. He applied for and obtained a change of venue from Clinton county to Platte county. He was tried in the circuit court of Platte county at the December term, 1900, and convicted, and from that conviction and his sentence thereon, he appeals.
The indictment is in these words:
“In the Circuit Court, September term, 1900.
“The grand jurors for the State of Missouri, summoned from the body of Clinton county, charged and sworn, upon their oaths, present that one General…
2Cases cited7 opinions
- State v. HopkirkSupreme Court of Missouri · 1884
- State v. OrrickSupreme Court of Missouri · 1891
- State v. PhelpsSupreme Court of Missouri · 1881
- State v. UnderwoodSupreme Court of Missouri · 1882
- State v. WarnerSupreme Court of Missouri · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. JonNevada Supreme Court · 1923
- State v. DixsonMontana Supreme Court · 1927
- State v. WilliamsonSupreme Court of Missouri · 1936
- State v. TarwaterSupreme Court of Missouri · 1922
- State v. TharpSupreme Court of Missouri · 1933
6 more not listed; retrieve them via the Exa API.