State v. Phipps
Missouri Court of Appeals
Appeal from the Cedar Circuit Court. — Hon. D. P., Stratton, Judge. The following is the indictment in this case: “ State op Missouri, “ County op Cedar, ss* - “In the circuit court of Cedar county, October term, 1886. The grand jurors for the state of Missouri empanelled, charged and sworn to inquire within and for the body of the county of Cedar and state of Missouri upon their oaths present and charge that Thomas Phipps, late of said county of Cedar, on or about the-day…
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Appeal from the Cedar Circuit Court. — Hon. D. P., Stratton, Judge. The following is the indictment in this case: “ State op Missouri, “ County op Cedar, ss* - “In the circuit court of Cedar county, October term, 1886. The grand jurors for the state of Missouri empanelled, charged and sworn to inquire within and for the body of the county of Cedar and state of Missouri upon their oaths present and charge that Thomas Phipps, late of said county of Cedar, on or about the-day of October, A. D. 1886, at the county of Cedar aforesaid, did in and upon one Wm. Nunnelly, then and there being,…
1Opinion of the CourtSmith, P. J.
The defendant was indicted and convicted‘under section 1438, Revised Statutes.
The ground of his appeal here is that the indictment is defective in not averring that defendant knew the character in which Nunnelly the constable claimed to act.
We think the objection is well taken. This was a matter of substance. It was necessary to make and prove this averment in order to sustain the conviction under said section 1436. R. S., sec. 1826; State v. Claudius, 1 Mo. App. 551; State v. Greene, 66 Mo. 631; State v. Downer, 8 Vermont, 424; State v. Burt, 25 Vermont, 373; 4 Black. Com. 375; 1 Ch. Crim.…
2Cases cited3 opinions
- State v. GreenSupreme Court of Missouri · 1877
- State ex rel. Gehring v. ClaudiusMissouri Court of Appeals · 1876
- Johnson v. StateTexas Supreme Court · 1861
3Cited by7 opinions
- State v. McGaheyNorth Dakota Supreme Court · 1904
- State v. WhiteMissouri Court of Appeals · 1893
- City of Kansas v. HarbinMissouri Court of Appeals · 1980
- State v. FulkersonMissouri Court of Appeals · 1903
- State v. KarnesMissouri Court of Appeals · 1892
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