State v. Owens
| Decision Date | 05 July 1916 |
| Docket Number | No. 19383.,19383. |
| Parties | STATE v. OWENS. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Howell County; W. N. Evans, Judge.
Ted Owens was convicted of violating Rev. St. 1909, § 4381, as to escapes, and he appeals. Reversed, and defendant discharged.
Under an indictment attempting to charge the defendant with a violation of section 4381, R. S. 1909, defendant was tried in the circuit court of Howell county, found guilty, and his punishment assessed at two years in the penitentiary. Defendant has duly perfected an appeal to this court.
Due to the conclusion which we have reached in this case, it will only be necessary to consider the indictment, which, omitting caption and formal parts, was as follows:
"The grand jurors for the state of Missouri, summoned from the body of Howell county, impaneled, sworn, and charged to inquire within and for the body of the county of Howell, now here in court, upon their oath present and charge that at the March term, 1915, at and in the county of Howell and state of Missouri, one Ted Owens, was then and there duly convicted and found guilty by a jury of the offense of felonious assault, and his punishment fixed at a fine of $100, in default and failure to pay which in accordance with said conviction, he, the said Ted Owens, was by the said court duly committed to the county jail of said county, and it was ordered by the court that he, the said Ted Owens, be placed in custody of the street commissioner of the city of West Plains, a city of the third class, and required to work on the streets of the said city until said fine and costs of said action be paid, and he be discharged by due course of law; and that in accordance with the orders of said court the said Ted Owens was so committed to the custody of one N. F. Webster, who was then and there duly qualified and acting street commissioner and guard, to be worked as a prisoner on the streets of the city of West Plains, as aforesaid, and that afterwards, to wit, on the _____ day of May, 1915, at and in the said city of West Plains, in the county of Howell and state of Missouri, the said Ted Owens, while then and there in the custody of the said N. F. Webster, street commissioner and guard aforesaid, did then and there unlawfully, willfully, and feloniously break custody, run away, and escape from the said N. F. Webster, street commissioner and guard aforesaid, and that the said N. F. Webster was then and there duly authorized and empowered to act, and was then and there acting as such officer, street commissioner, and guard under and by authority of law; and that the said Ted Owens did then and there unlawfully and feloniously break away, run, and escape from the custody of the said N. F. Webster, street commissioner, officer, and guard as aforesaid; contrary to the form of the statutes in such cases made and provided, and against the peace and dignity of the state."
M. E. Morrow, of West Plains, for appellant. John T. Barker, Atty. Gen. (Kenneth C. Sears, Asst. Atty. Gen., of counsel), for...
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