State v. Wagner
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) The indictment is certainly not sufficient to inform the defendant what he is charged with. If the words are taken in regular order they have no meaning and cannot be understood to mean anything.
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Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) The indictment is certainly not sufficient to inform the defendant what he is charged with. If the words are taken in regular order they have no meaning and cannot be understood to mean anything. The three paragraphs (each separate and distinct) when put together, do not charge that defendant took, stole and carried away this money from Levi Hanks in Boone county, Missouri, and in no way can that meaning be gathered from the number of words thrown together in this meaningless instrument. The money is not even described as…
1Opinion of the CourtSherwood, J.
The defendant was tried and convicted of grand larceny, the prosecution being grounded on section 3535, Revised Statutes, 1889. His punishment was assessed at two yQars in the penitentiary, and he appeals to this court.
The following is the indictment on which defendant was tried:
“State of Missouri, County of Boone.
In the Circuit Court, at June ss. Term, A. D., 1893.
“(a) The grand jurors for the state of Missouri, -summoned from the body of Boone county, impaneled, charged and sworn, upon their oaths present that one •Joseph Wagner, late of the county aforesaid, on the twenty-sixth day of…
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- State v. LyonWisconsin Supreme Court · 1863
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3Cited by12 opinions
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- State v. MullenaxWest Virginia Supreme Court · 1942
- State v. LewisMissouri Court of Appeals · 1982
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