State v. Searcy
Missouri Court of Appeals
Appeal from the Criminal Court of Greene County. Hon. W. D. Hubbard, Judge. The indictment is founded on a statute creating the offense and is not a common-law indictment. In this event it'is necessary that the indictment clearly set forth all the constituent elements of the offense, and every fact necessary to bring the defendant within the provisions of the statute declaring the offense.
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Appeal from the Criminal Court of Greene County. Hon. W. D. Hubbard, Judge. The indictment is founded on a statute creating the offense and is not a common-law indictment. In this event it'is necessary that the indictment clearly set forth all the constituent elements of the offense, and every fact necessary to bring the defendant within the provisions of the statute declaring the offense. State v. Gabriel, 88 Mo. 631; State v. Welch, 28 Mo. 600. The indictment must clearly define the offense. People v. Minnock, 18 N. W. Rep. 390; People v. Heffron, 19 N. W. Rep. 170; State v. Pischel, 20 N.…
1Opinion of the CourtThompson, J.
This is a prosecution under the local option law applicable to Greene county, outside of the city of Springfield, for the unlawful sale of intoxicating liquors. The defendant was convicted and fined three hundred dollars, and prosecutes this appeal. No question is made as to the propriety of the conviction, provided the statute, known as the local option law, was properly shown to have been in force in Greene county, outside of the city of Springfield, at the time -when the alleged offense was committed.
I. The first assignment of error is that the indictment does not sufficiently state that…
2Cases cited10 opinions
- Town of South Ottawa v. PerkinsSupreme Court of the United States · 1877
- Gardner v. CollectorSupreme Court of the United States · 1868
- Post v. SupervisorsSupreme Court of the United States · 1882
- Snoddy v. County of PettisSupreme Court of Missouri · 1870
- State ex rel. Read v. WeatherbySupreme Court of Missouri · 1869
5 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- State v. O'BrienMontana Supreme Court · 1907
- Chapman v. StateCourt of Criminal Appeals of Texas · 1897
- State v. SearcySupreme Court of Missouri · 1892
- State v. DuganSupreme Court of Missouri · 1892
- State v. SearcyMissouri Court of Appeals · 1891
38 more not listed; retrieve them via the Exa API.