State v. Barnes
| Citation | 20 Mo. 413 |
| Parties | THE STATE, Respondent, v. BARNES, Appellant. |
| Decision Date | 31 January 1855 |
| Court | United States State Supreme Court of Missouri |
1. A grand jury may be summoned and an indictment found at an adjourned term by statute.
Appeal from Polk Circuit Court.
W. H. Otter, for appellant.
Gardenhire, (att'y gen'l) for the State.
The defendant was indicted by the grand jury at an adjourned term of the Circuit Court, held in January, A. D. 1853, within and for the county of Dade. From the record before us, it appears that the Circuit Court within and for the county of Dade, adjourned over its regular term for October, 1852, until Monday, the 10th day of January, A. D. 1853; that on Monday, 10th day January, 1853, the adjourned term began, and was held in pursuance of the order theretofore made at the regular term of the court in October, 1852.
At this adjourned term, an order was made by the court directing and requiring the sheriff to summon a grand jury. The order is as follows: “Now at this day it appearing to the satisfaction of the court that certain offences have been committed since the grand jury at this term were discharged, and which is now here brought to the discovery of the court; it is therefore ordered and directed by the court, that the sheriff of Dade county summon a grand jury to appear in this court forth with.” This the court had authority and power to do by virtue of the thirteenth section of the third article of the act concerning “practice and proceedings in criminal cases.” (R. C. 1845, p. 865.) “If any offense be committed or discovered during the sitting of any Circuit Court, after the grand jury attending such court shall be discharged, such Court may, in its discretion, by an order to be entered on its minutes, direct the sheriff to summon another grand jury.”
I am thus particular in noticing this proceeding, because the defendant, Barnes, who was indicted at this adjourned term and by this grand jury, thus ordered to be summoned, rests his whole grounds for the reversal of this judgment upon these proceedings.
The indictment was for a felonious assaulting and shooting at one Thomas Kimman. The defendant obtained a change of venue from Dade Circuit Court to the Circuit Court of Polk county; who was there tried and found guilty, and sentenced to pay one hundred dollars fine, and be imprisoned in the county jail for three months. He moved in arrest of judgment and assigned the following causes therefor: because the...
To continue reading
Request your trial
-
State v. Taylor
...Sec. 1851, R.S. 1929. Adjourned terms of a regular term may be held at the pleasure of the court. Dulle v. Deimler, 28 Mo. 585; State v. Barnes, 20 Mo. 413; State v. Connell, 49 Mo. 286; State v. Butler, 118 Mo. App. 590; State v. Harris, 59 Mo. 550; Nickey v. Leader, 235 Mo. 30. (2) The Ci......
-
State v. Taylor
...Sec. 1851, R. S. 1929. Adjourned terms of a regular term may be held at the pleasure of the court. Dulle v. Deimler, 28 Mo. 585; State v. Barnes, 20 Mo. 413; State Connell, 49 Mo. 286; State v. Butler, 118 Mo.App. 590; State v. Harris, 59 Mo. 550; Nickey v. Leader, 235 Mo. 30. (2) The Circu......
-
State v. Connell
...but without any order from the court directed to the sheriff and entered on the minutes of the court. (Wagn. Stat. 1083, § 13; State v. Barnes, 20 Mo. 413.) Without such steps the indictment is a nullity. This fact appears on the face of the record, and may be taken advantage of at any time......
-
State v. Sweeney
...is not assailed. The circuit court had authority to empanel the grand jury at the adjourned term. Wag. Stat., § 13, p. 1083; State v. Barnes, 20 Mo. 413. Perceiving no error in the record, the judgment of the circuit court will be affirmed. The other judges concur. ...