State v. Bregard
| Decision Date | 31 October 1882 |
| Citation | 76 Mo. 322 |
| Parties | THE STATE, Appellant, v. BREGARD. |
| Court | Missouri Supreme Court |
Appeal from Jackson Criminal Court.--HON. H. P. WHITE, Judge.
REVERSED.
D. H. McIntyre, Attorney General, for the State.
Tichenor & Warner for respondent.
The indictment charged that defendant on, etc., at, etc., “did unlawfully set up and keep a common bawdy house.” The indictment is well enough, since it follows the language of the statute on which it is bottomed. R. S. 1879, p. 270, § 1550.
The only particular in which the precise language of the statute is not followed, is in the substitution of the word and for the word or; but this is proper as recently decided by this court. State v. Pittman, 76 Mo. 56. The authorities cited by the State fully sustain the validity of the indictment. Therefore, judgment reversed and cause remanded.
All concur.
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... ... An indictment in the language of that section is sufficient ... State v. Kenter, 178 Mo. 473; State v ... Runzi, 105 Mo.App. 332. An indictment is good which ... follows the language of section 4754. State v ... Bregard, 76 Mo. 322; State v. Bean, 21 Mo. 267 ... Under this section it has also been held that in charging the ... setting up and keeping of a bawdy house it is not necessary ... to name the occupants or the definite location of the house ... State v. Raymond, 86 Mo.App. 537. An indictment is ... ...
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...Mo. 645, 19 S.W. 221; 32 Am. St. Rep. 684; State v. Murphy, 47 Mo. 274; State v. Fancher, 71 Mo. 460; State v. Pittman, 75 Mo. 56; State v. Bregard, 76 Mo. 322; State Fitzsimmons, 30 Mo. 235; Kelly's Criminal Law and Practice, sec. 186; 10 Am. & Eng. Ency of Law, 599b, 599c, 599d. The next ......
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...Louis v. Theater Co., 202 Mo. 690, 698, 100 S.W. 627; State v. Miller, 188 Mo. 370, 377, 87 S.W. 484; State v. Pittman, 76 Mo. 56; State v. Bregard, 76 Mo. 322. The brief, argument and submission of the case was limited to the contention that the indictment was duplicitous. II. It is urged ......
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