State v. Evans
Supreme Court of Missouri
Appeal from Dunklin. County Court. — Hon. J. L. Fort, Judge. (1) Tbe indictment is fatally defective. It does not charge that defendant assaulted deceased with a pistol or with anything else. State v. Eurgerson, 152 Mo. 92. It does not conclude “and so the grand' jurors aforesaid,” but simply says, “and so the jurors aforesaid,” and for this reason is fatally defective.
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Appeal from Dunklin. County Court. — Hon. J. L. Fort, Judge. (1) Tbe indictment is fatally defective. It does not charge that defendant assaulted deceased with a pistol or with anything else. State v. Eurgerson, 152 Mo. 92. It does not conclude “and so the grand' jurors aforesaid,” but simply says, “and so the jurors aforesaid,” and for this reason is fatally defective. State v. Eurgerson, 152 Mo. 92; State v. Meyers, 99 Mo. 107; State v. Stacy, 103 Mo-. 11. The omission of the word “grand”, before the word “jurors'” is equivalent to an omission of the entire averment. State .v. Eurgerson,…
1Opinion of the CourtGantt, P. J.
The defendant -was indicted in the circuit court of Dunklin county in the year 1892 for the murder of Alexander St. Aubin. On his application a change of venue was- awarded to Butler county and the cause was dismissed in 1894. At the August term, 1895, he was again indicted in the circuit court of Dunklin county. He was duly arraigned and was finally tried on the 19th day of October, 1899,.and convicted of. murder in the second degree and sentenced to imprisonment in the penitentiary for ten years.
*592The indictment is as follows:
“The grand jurors of the State of Missouri, summoned from the body…
2Cases cited12 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. FairlambSupreme Court of Missouri · 1894
- State v. EllisSupreme Court of Missouri · 1881
- State v. DonnellySupreme Court of Missouri · 1895
- State v. EatonSupreme Court of Missouri · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. Logan.Supreme Court of Missouri · 1939
- State v. CheekSupreme Court of Missouri · 1967
- State v. WilsonSupreme Court of Missouri · 1903
- State v. RumfeltSupreme Court of Missouri · 1910
- People v. . BarnesNew York Court of Appeals · 1911
6 more not listed; retrieve them via the Exa API.