State v. Nunley

• Decision Date: 22 November 1904
• Citation: 83 S.W. 1074,185 Mo. 102
• Parties: STATE v. NUNLEY.
• Court: Missouri Supreme Court

83 S.W. 1074

185 Mo. 102

STATE v. NUNLEY.

Supreme Court of Missouri, Division No. 2.

November 22, 1904.

EMBRACERY — INFORMATION — SUFFICIENCY — FAILURE TO STATE NAME OF THE JUROR BRIBED — WAIVER OF DEFECT.

1. Under Rev. St. 1899, § 2043, making it a crime to corrupt a juror, and Bill of Rights, art. 2, § 22, entitling every person to demand the nature and cause of the accusation against him, an indictment for corrupting a juror must state the name of the juror.

2. Failure to move to quash an information or to arrest judgment thereunder does not waive a defect consisting of failure to allege sufficient facts to apprise defendant of the precise charge against him.

Appeal from Circuit Court, Butler County; J. L. Fort, Judge.

Jefferson Nunley was convicted of corrupting a juror, and appeals. Reversed.

On the 11th day of August, 1903, there was filed in the circuit court of Butler county an information on behalf of the prosecuting attorney charging the defendant with a violation of section 2043, Rev. St. 1899. The information contains four counts. The defendant was convicted upon the second and fourth counts, and his punishment assessed at three years in the penitentiary on each count. No motion to quash was filed, and no bill of exceptions has been presented to this court for review. We therefore have the case here on the record proper.

The second and fourth counts of the information, upon which the defendant was convicted, are as follows:

"And for another and further count to this information again comes R. H. Stanley, prosecuting attorney within and for the county of Butler and state of Missouri, and upon his oath of office, information, and belief informs the court that on or about the 14th day of June, 1901, at the county of Butler and state of Missouri, a certain criminal cause was then and there pending in the circuit court of said Butler county between the state of Missouri, plaintiff, and Alexander Sanders, as defendant, in which said cause the said Alexander Sanders was charged by and upon an information filed by the prosecuting attorney of said Butler county with murder of the first degree for the killing of one John E. Dacus, the said circuit court of Butler county then and there having jurisdiction to hear and try said cause; that on or about the said 14th day of June, 1901, a certain jury of said county were then and there duly summoned, challenged, and impaneled, sworn and qualified to try the issues joined in said cause then and there pending in said court; that R. F. Crady, M. L. Harmon, George Martin, J. B. Lacy, Monroe Shaw, John W. Sutton, J. H. Chapel, J. W. Whitington, W. E. Keith Charles Demaree, J. T. Doggett, and A. W. Blanford were the jurors so summoned, impaneled, sworn, and qualified to try the issues joined in said criminal cause in said court; that one Jefferson Nunley, well knowing the premises aforesaid, and with the corrupt and felonious intent to prevent a just and fair trial of the issues joined in said criminal cause by said jury, did on or about the said 14th day of June, 1901, at the county of Butler and state of Missouri, aforesaid, unlawfully, knowingly, willfully, corruptly, and feloniously corrupt certain members of said jury aforesaid, the names of which said members of said jury so corrupted by the said Jeff. Nunley being to the prosecuting attorney unknown, by giving to the said jurors so corrupted as aforesaid a certain sum of money and property, the exact amount, kind, and character of which said money and property is to the prosecuting attorney unknown, as a gratuity and reward, upon an unlawful, corrupt, and felonious agreement and consideration, understanding, and undertaking with the said jurors so corrupted as aforesaid that the said jurors so corrupted as aforesaid would unlawfully, corruptly, and feloniously render a verdict in said cause so pending as aforesaid in said court, acquitting the said Alexander Sanders of the crime of murder of the first degree, or of any other offense, for the killing of John E. Dacus, for which was then upon trial by and before said jury as aforesaid, upon the issues so joined as aforesaid; contrary to the form of the statutes in such cases made and provided, and against the peace and dignity of the state."

"And for another and further count to this information again comes R. H. Stanley, prosecuting attorney within and for the county of Butler and state of Missouri, and upon his oath of office, information, and belief informs the court that on or about the 14th day of June, 1901, at the county of Butler and state of Missouri, a certain criminal cause was then and there pending in the circuit court of said Butler county between the state of Missouri, as plaintiff, and Alexander Sanders, as defendant, in which said case the said Alexander Sanders was charged by and upon an information filed by the prosecuting attorney of said Butler county with murder of the first degree for the killing of one John E. Dacus, the said circuit court of Butler county then and there having jurisdiction to hear and try said cause; that on or about the 14th day of June about seventy-five persons who were then and there citizens of said Butler county were duly summoned in said cause and in said court for the purpose of answering such questions as might be asked of them by said court, to ascertain their qualifications to sit as jurors in the trial of said case then and there pending in said court; that Bob Rice was one of the said persons so summoned in said case, who appeared in said court in obedience to said summons; that after said Rice was so summoned as aforesaid, and before he was examined by said court touching his qualifications to sit as a juror in said case, one Jeff. Nunley, well knowing the premises aforesaid, and with the corrupt and felonious intent to prevent a fair trial and just trial in said criminal cause, did, on or about said 14th day of June, 1901, at the county of Butler and state of Missouri, unlawfully, knowingly, willfully, corruptly, and feloniously attempt to corrupt said Bob Rice by offering to give to the said Bob Rice a certain sum of money and property, the exact amount, kind, and character of which said money and property is to the prosecuting attorney unknown, as a gratuity and reward, with the unlawful, corrupt, and felonious intent on the part of the said Jeff. Nunley to induce the said Bob Rice to unlawfully, corruptly, and feloniously promise and agree to render a verdict in said cause so pending as aforesaid in said court acquitting the said Alexander Sanders of the crime of murder of the first degree, or of any other offense, for the killing of the said John E. Dacus, for which he was then about to be placed upon trial; contrary to the form of the statutes in such cases made and provided, and...