State v. Fogerson

CourtUnited States State Supreme Court of Missouri
Writing for the CourtEWING
Citation29 Mo. 416
PartiesTHE STATE, Respondent, v. FOGERSON, Appellant.
Decision Date31 January 1860
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7 practice notes
  • Agar v. State , No. 21,636.
    • United States
    • Indiana Supreme Court of Indiana
    • April 20, 1911
    ...of the law of the state of Missouri, to wit, a constable,” sufficiently avers that the defendant was an officer. In State v. Fogerson, 29 Mo. 416, an indictment which charged that the defendant did disturb the peace, etc., “by then and there cursing and swearing and by loud and abusive and ......
  • Agar v. State, 21,636
    • United States
    • Indiana Supreme Court of Indiana
    • April 20, 1911
    ...State of Missouri, to wit, a constable," sufficiently avers that defendant was an officer. In the case of State v. Fogerson (1860), 29 Mo. 416, an indictment which charged that the defendant did disturb the peace "by then and there cursing and swearing, and by. loud and abusive an......
  • Town of Torrington v. Taylor, 2239
    • United States
    • United States State Supreme Court of Wyoming
    • May 25, 1943
    ...a mistrial for improper remarks of the prosecutor. There was no evidence of willful disturbance. 11 C. J. S. 819, 822; State v. Fogerson, 29 Mo. 416. No public offense was charged. State v. Jackson (La.) 111 So. 486; State v. Breawx (La.) 47 So. 876; Compton v. State (Ind.) 170 N.E. 325; Al......
  • Flores v. City and County of Denver, No. 16374
    • United States
    • Colorado Supreme Court of Colorado
    • June 5, 1950
    ...the horn blowing and shouting, there was no evidence that anyone was disturbed thereby, and the court, following State v. Fogerson, 29 Mo. 416, held, in substance, that it was not sufficient to show loud and unusual noise alone, but that actual disturbance is an essential of the offense. In......
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13 cases
  • The State v. Parker
    • United States
    • United States State Supreme Court of Missouri
    • February 24, 1903
    ...it is not error to refuse the proffered declaration of law. State v. Berkley, 109 Mo. 665; State v. Pratt, 98 Mo. 482; State v. Ferguson, 29 Mo. 416. Improper instructions on a grade of crime higher than that of which defendant was convicted is no ground for a new trial. It is not necessary......
  • Agar v. State , 21,636.
    • United States
    • Indiana Supreme Court of Indiana
    • April 20, 1911
    ...of the law of the state of Missouri, to wit, a constable,” sufficiently avers that the defendant was an officer. In State v. Fogerson, 29 Mo. 416, an indictment which charged that the defendant did disturb the peace, etc., “by then and there cursing and swearing and by loud and abusive and ......
  • Agar v. State, 21,636
    • United States
    • Indiana Supreme Court of Indiana
    • April 20, 1911
    ...of the State of Missouri, to wit, a constable," sufficiently avers that defendant was an officer. In the case of State v. Fogerson (1860), 29 Mo. 416, an indictment which charged that the defendant did disturb the peace "by then and there cursing and swearing, and by. loud and abusive and i......
  • City of De Soto v. Hunter
    • United States
    • Court of Appeal of Missouri (US)
    • November 16, 1909
    ...v. Kansas City, 140 Mo. 460. (2) The court erred in giving the jury a peremptory instruction to acquit the defendant. State v. Foger, 29 Mo. 416; State v. Parker, 39 Mo.App. 116; State v. Rumsey, 52 Mo.App. 668. (3) The complaint is sufficient. It describes the offense in the language of th......
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