State v. Pullen
Missouri Court of Appeals
Appeal from the Holt Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The indictment is bad. It does not with sufficient particularity describe any road, nor does it with sufficient particularity describe or designate the place of obstruction. Kelly’s Crim. Law & Prac., pp. 88, 89, sec. 170 ; 1 Bishop’s Crim. Proc., secs. 81, 86, 89, 325, 494, 519 ; 2 Bishop’s Crim.
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Appeal from the Holt Circuit Court. — Hon. Cyrus A. Anthony, Judge. (1) The indictment is bad. It does not with sufficient particularity describe any road, nor does it with sufficient particularity describe or designate the place of obstruction. Kelly’s Crim. Law & Prac., pp. 88, 89, sec. 170 ; 1 Bishop’s Crim. Proc., secs. 81, 86, 89, 325, 494, 519 ; 2 Bishop’s Crim. Proc., secs. 98-100, 200, 201; 45 Ind. 338 ; State v. Wogan, 31 Mo. 340 ; State ?>. Dailey, 20 Mo. 422 ; State v. Ross, 25 Mo. 426 ; State v. Albin, 50 Mo. 419 ; State v. Fisher, 58 Mo. 256 ; State v. Realcey, 62 Mo. 40 ; State…
1Opinion of the CourtSmith, P. J.
The defendant was indicted, tried and convicted in the circuit court of Holt county for the offense of obstructing a public road. The indictment charged “ that George W. Pullen, on or about the first day of April, A. D. 1889, at the county of Holt and state of Missouri, did unlawfully, wilfully and knowingly obstruct a certain public road leading from the Missouri river, in said county of Holt and state of Missouri, by the way of Wilson schoolhouse, to the town of Forbis, in said county and state, said .public road not being known by any particular name, near where the said road passes the…
2Cases cited4 opinions
- State v. SmithSupreme Court of Missouri · 1883
- State v. WammackSupreme Court of Missouri · 1879
- State v. RhodesMissouri Court of Appeals · 1889
- State v. CollinsTexas Supreme Court · 1873
3Cited by5 opinions
- Sellers v. SwehlaSupreme Court of Missouri · 1953
- Greene v. St. Louis CountySupreme Court of Missouri · 1959
- State v. Southern Indiana Gas Co.Indiana Supreme Court · 1907
- State v. MacyMissouri Court of Appeals · 1896
- Sellers v. SwehlaSupreme Court of Missouri · 1953