Legal Opinion

State v. Sears

Supreme Court of Missouri

Decided April 15, 1885PublishedCited by 9 opinions

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

  1. People v. YslasCalifornia Supreme Court · 1865
  2. Tarver v. StateSupreme Court of Alabama · 1869
  3. Johnson v. StateSupreme Court of Alabama · 1860
  4. Lawson v. StateSupreme Court of Alabama · 1857

3Cited by9 opinions

  1. State v. AitkensSupreme Court of Missouri · 1944
  2. State v. HagermanSupreme Court of Missouri · 1951
  3. McNamara v. PeopleSupreme Court of Colorado · 1897
  4. State v. JordanSupreme Court of Missouri · 1920
  5. State v. YturaspeIdaho Supreme Court · 1912

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