State v. Sears
Supreme Court of Missouri
Appeal from, Caldwell Circuit Court. — Hon. James M. Davis, Judge. (1) The indictment charges the defendant with a felony, if he is charged with any offence, and under the instructions of the court he was found guilty of a misdemeanor, which cannot be legally done. 1 Bishop’s O. L., secs. 814, 823; State n.
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Appeal from, Caldwell Circuit Court. — Hon. James M. Davis, Judge. (1) The indictment charges the defendant with a felony, if he is charged with any offence, and under the instructions of the court he was found guilty of a misdemeanor, which cannot be legally done. 1 Bishop’s O. L., secs. 814, 823; State n. Hilderbrand, 5 Mo. 548; People v. Adams, 17 N. W. Rep. 226. In case of misdemeanor a prosecutor’s name must be indorsed on the indictment and he is liable for all costs ; one guilty of a simple assault should not be required to bear all the-burdens that attend the trial of a felony. (2) A.…
1Opinion of the CourtHenry, C. J.
— At the October term, 1881, of the *172Caldwell circuit court, the following indictment against the appellant was preferred by the grand jury :
“The grand jurors, for the state of Missouri, from the body of Caldwell, having first been duly empaneled, charged and sworn upon their oaths, do present: That ■on the thirtieth day of June, 1881, at and within Caldwell county, one Timothy R. Sears, being then and there armed with a certain firearm, known as rifle, which was then and there loaded with gunpowder, and was then and there a deadly weapon in his hands, in and upon one Thomas Whidby, then and…
2Cases cited4 opinions
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3Cited by9 opinions
- State v. AitkensSupreme Court of Missouri · 1944
- State v. HagermanSupreme Court of Missouri · 1951
- McNamara v. PeopleSupreme Court of Colorado · 1897
- State v. JordanSupreme Court of Missouri · 1920
- State v. YturaspeIdaho Supreme Court · 1912
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