State v. Cutter
| Decision Date | 31 October 1877 |
| Parties | THE STATE, PLAINTIFF IN ERROR v. CUTTER. |
| Court | Missouri Supreme Court |
Error to Wayne Circuit Court.--Hon. R. P. OWEN, Judge.
J. L. Smith, Attorney-General, for the State, cited State v. Waters, April term, 1877, of this court; State v. Gilbert, 13 Vt. 647; State v. Creight, 1 Brev. (S. C.) 169; State v.England, 19 Mo. 386; State v. Freeman, 21 Mo. 481; Kirk v. the State, 6 Mo. 469; State v. Hamilton, 7 Mo. 301; Rose v. State, Minor, (Ala.) 28; 1 Bishop Crim. Prac. 2 Ed. §§ 478, 481, 662.
Indictment for selling liquor without license. All that portion of the bill (to which a demurrer was sustained) necessary to be copied is as follows:
“STATE OF MISSOURI, ) ) Twenty-fifth Judicial Circuit COUNTY OF WAYNE.
)
The grand jurors of the county of Wayne, in the State of Missouri, being duly empanneled, sworn and charged to inquire into and true presentment within and for the body of the county of Wayne, do, upon their oath, present,” &c. The constitution requires all prosecutions to be conducted in the name of the state of Missouri. If the words “of the county of Wayne” be rejected, as it is contended they may be, as surplusage, the result will be that you will have left merely the words: “The grand jurors * * * * in the State of Missouri,” &c.
This is altogether too loose. The authorities cited for the State we regard inapplicable and would affirm the judgment, did we not hold that the State is not entitled to come here by writ of error in this class of cases. We therefore dismiss the writ. ( State v. Copeland, decided at this term.)
All concur.
WRIT DISMISSED.
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The State v. Thayer
... ... section 4290, supra (now 2079, Revised Statutes ... 1899). This section no doubt originated in three decisions of ... this court holding no writ of error could issue at the ... instance of the State in a criminal cause: State v ... Copeland, 65 Mo. 497; State v. Cutter, 65 Mo ... 503; State v. Cox, 67 Mo. 46 ... To read ... the word "information" into section 2696, Revised ... Statutes 1899, authorizing an appeal only from a judgment on ... an indictment, will necessarily result in the court's ... having to read it into section 2709, ... ...
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State v. Burgdoerfer
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State v. Vincent
...490; State v. Chamberlain, 75 Mo. 382. (5) The indictment does not state that the city of St. Louis is in the state of Missouri. State v. Cutter, 65 Mo. 503. (6) record does not show the presence of all the grand jurors, when the indictment was presented to the court. Whar. Crim. Law [3 Ed.......
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State v. Brooks
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