State v. Fleetwood

Citation16 Mo. 448
PartiesTHE STATE v. FLEETWOOD.
Decision Date31 July 1852
CourtUnited States State Supreme Court of Missouri

1. An indictment under section 43, of article 8, of the act of 1845, concerning “Crimes and Punishments,” which substantially pursues the words of the statute, is sufficient. Matter of aggravation in a count will not vitiate it.

2. A count which charges that the defendant ran a horse upon the highway, etc., “so as to interrupt travelers,” instead of “so as to interrupt travelers thereon,” is bad.

Appeal from Ozark Circuit Court.

Gardenhire, attorney-general, for the State.

RYLAND, Judge, delivered the opinion of the court.

The defendant was indicted by the grand jury of Ozark county, at the October term, 1851, of the Circuit Court for that county, for a violation of the forty-third section, of article eighth, of the Criminal Code. He appeared to the indictment and moved the court to quash the same, which motion is as follows:

The defendant moves the court to quash the indictment in this cause for the following reasons: First, because there is a misjoinder of offenses; second, there is a want of venue in each count of said indictment; third, the court will quash the first, second and fourth counts, because they are double, and venue is not definitively laid, and the third for want of venue.

The court sustained the motion, and quashed the indictment The circuit attorney excepted to the decision of the court, and brings the case here by appeal.

The indictment is as follows:

“The grand jurors for the State of Missouri, empanneled, sworn and charged to inquire in and for the county of Ozark, in the State of Missouri, upon their oath present, that Isaac Fleetwood, Jr., late of the county of Ozark, in the State of Missouri, on the nineteenth day of September, in the year of our Lord eighteen hundred and fifty-one, with force and arms, at Ozark county aforesaid, then and there did run upon a public road, in common use, in the county of Ozark, and State of Missouri, a horse, so as to interrupt travelers, and did then and there run said horse at and against one Elvira Martin, then and there being, thereby greatly hurting and interrupting the said Elvira Martin, then and there being, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state.

And the grand jurors aforesaid, upon their oath aforesaid, do further present that Isaac Fleetwood, Jr., late of the county of Ozark aforesaid, with force and arms, at Ozark county, in the State of Missouri, on the...

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3 cases
  • State v. Wilcoxen
    • United States
    • Missouri Supreme Court
    • July 31, 1866
    ...and cases cited; Anthony v. State, 13 S. & M. 263; State v. McKenzie, 42 Me. 392, and cases cited; State v. Mitchell, 25 Mo. 420; State v. Fleetwood, 16 Mo. 448. WAGNER, Judge, delivered the opinion of the court. The respondent was indicted in the Circuit Court of Newton county for robbery ......
  • State v. Jacobs
    • United States
    • Missouri Supreme Court
    • July 31, 1866
    ...conform to the acts under which they are drawn--State v. Helm, 6 Mo. 263, and cases there cited; State v. Mitchell, 25 Mo. 420; State v. Fleetwood, 16 Mo. 448. Attorney General, for respondent, referred to State v. Willis, 37 Mo. 192. WAGNER, Judge, delivered the opinion of the court. The i......
  • Connett v. Hamilton
    • United States
    • Missouri Supreme Court
    • July 31, 1852
    ...whenever he fails to attend, being properly subpœnaed, and his fees, etc., tendered to him, and such failure has been productive of [16 Mo. 448]damages to the party subpœnaing him, and this right may be enforced by action before the determination of the suit wherein witness was summoned to ......

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