State v. Russell
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction.— Eon. Galvin N. Miller, Judge. (1) The appellants having been indicted by a grand jury, the St. Louis Court of Criminal Correction acquired no jurisdiction and its judgment is a nullity. State v. Cariot, 137 Mo. App. 305. (2) Even if the court had jurisdiction the indictment charges no offense, and cannot be the basis of a verdict and judgment.
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Appeal from St. Louis Court of Criminal Correction.— Eon. Galvin N. Miller, Judge. (1) The appellants having been indicted by a grand jury, the St. Louis Court of Criminal Correction acquired no jurisdiction and its judgment is a nullity. State v. Cariot, 137 Mo. App. 305. (2) Even if the court had jurisdiction the indictment charges no offense, and cannot be the basis of a verdict and judgment. An indictment for selling liquor after alleging in the language of the statute that a sale was made ■of less quantity than the minimum allowed to be sold must in addition allege what quantity the less…
1Opinion of the CourtNortoni, J.
The two defendants were convicted on a charge of selling intoxicating liquor and the punishment of each assessed at a fine of $40 in the court of criminal correction. The appeal is prosecuted from that judgment.
But two arguments are advanced here. The first goes to the effect that the court of criminal correction was without jurisdiction in the premises, and the second that the indictment is insufficient.
*679It appears that defendants were indicted by the grand jury in the circuit court of the city of St. Louis for selling intoxicating liquors without a dramshop< license in less quantities than…
2Cases cited9 opinions
- State ex rel. Butler v. FosterSupreme Court of Missouri · 1905
- State v. CoxSupreme Court of Missouri · 1860
- State v. FanningSupreme Court of Missouri · 1866
- State v. RyanMissouri Court of Appeals · 1888
- State v. BaldwinMissouri Court of Appeals · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. Stewart.Missouri Court of Appeals · 1925