State v. Harris
Missouri Court of Appeals
Appeal from the Lewis Circuit Court, Hon. Ben. E. Turner, Judge. The records show that the motion to quash was not filed until the twelfth day of September, 1887, the day the case was set down for trial in the circuit court on appeal, and after conviction before the justice. “If an indictment be improperly and irregularly found, the defendant may before plea, move to quash it for such irregularity.” People v. Briggs, 60 How.
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Appeal from the Lewis Circuit Court, Hon. Ben. E. Turner, Judge. The records show that the motion to quash was not filed until the twelfth day of September, 1887, the day the case was set down for trial in the circuit court on appeal, and after conviction before the justice. “If an indictment be improperly and irregularly found, the defendant may before plea, move to quash it for such irregularity.” People v. Briggs, 60 How. (N. Y.) Pr. 17. “The motion to quash should be made before plea pleaded.” Holt, 686 ; Poster, 231; 48 Ind. 483; Kelly’s Crim. Prac. 110. “ The application, if made upon…
1Opinion of the CourtPeers, J.
On June 17, 1887, before Wm. M. Grlaves, a justice of the peace for and within Dickerson township, Lewis county, Missouri, the defendant, Zachariah Harris, was convicted and fined in a trial by jury, upon an information filed by the prosecuting attorney of Lewis county, Missouri, charging the defendant with disturbing the peace of one. Jennie Beck, which said information is as follows:
“ Oliver C. Clay, prosecuting attorney within and for the county of Lewis, in the state of Missouri, informs the court that one Zachariah Harris, on the seventh day of June, 1887, at the said county of Lewis,,…
2Cases cited1 opinion
- State v. ShawMissouri Court of Appeals · 1887
3Cited by3 opinions
- State v. HatfieldMissouri Court of Appeals · 1890
- Powell v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894
- State v. ThayerSupreme Court of Missouri · 1900