State v. Albin
| Decision Date | 31 August 1872 |
| Citation | 50 Mo. 419 |
| Parties | THE STATE OF MISSOURI, Appellant, v. WM. M. ALBIN et al., Respondents. |
| Court | Missouri Supreme Court |
Appeal from Buchanan Circuit Court.
A. J. Baker, Attorney-General, for appellant.
Ben. Loan, for respondents.
This was an indictment framed on the statute (Wagn. Stat. 488, § 21), charging the defendants, who were justices of the County Court of Buchanan county, with official misconduct. The indictment was quashed for insufficiency, and the State appealed.
The judgment of the court was unquestionably correct. The indictment is not only confusedly and bunglingly framed, but it utterly fails to aver or set out any specific facts for which the defendants could be called to answer. There is a general charge that the defendants released the sheriff from the payment of a number of fines, forfeitures and penalties due the county, and that is the only allegation the indictment contains. This sweeping averment was palpably bad.
Judgment affirmed.
The other judges concur.
To continue reading
Request your trial
- State ex rel. Kirby v. Trimble
- State ex rel. Kirby v. Trimble
-
Keim v. Vette
... ... Benseley v. Homier, 42 Wis. 631; Lee v ... Feamster, 21 W.Va. 108. (4) The more recent decisions of ... the Supreme Court of the State of Missouri in construing the ... force and effect of the act of the General Assembly of this ... State, approved April 21, 1891 (Laws 1891, p ... ...
-
Fiene v. Kirchoff
... ... Tate et al. v. Kirchoff et al. Murphy v. DeFrance, ... 101 Mo. 151; Givens v. Thompson, 110 Mo. 432; ... State ex rel. v. St. Louis, 145 Mo. 551; Nave v ... Adams, 107 Mo. 414; Caldwell v. White, 77 Mo ... 471; Garton v. Butts, 73 Mo. 274; Armstrong v ... ...