State v. Freeman
| Decision Date | 31 July 1855 |
| Citation | 21 Mo. 481 |
| Parties | THE STATE, Appellant, v. FREEMAN, Respondent. |
| Court | Missouri Supreme Court |
1. In an indictment for felonious wounding, under the 38th section of the 2d article of the act concerning crimes and punishments, (R. C. 1845,) no venue to the wounding is necessary, if there is a venue to the assault and stroke which caused it.
2. The omission of the word “present” in the commencement of an indictment, is not a valid objection to it. (SCOTT, J., dissenting.)
Appeal from Hickory Circuit Court.
The defendant was indicted under the 38th section of the 2d article of the act concerning crimes and punishments, (R. C. 1845.) The record showed that the indictment was presented and returned into the Circuit Court of Hickory county, by a grand jury empannelled and sworn. The indictment itself was as follows:
“The grand jury for the state of Missouri, empannelled, charged and sworn, to inquire within and for the body of the county of Hickory, upon their oath____, that Silas M. Freeman, late, &c., on, &c., with, &c., at, &c., in and upon one William Freeman, in the peace of the state then and there being, unlawfully and feloniously an assault did make, and that the said Silas M. Freeman did then and there, with force and arms, unlawfully and feloniously, and with a certain iron shovel, which he, the said Silas M. Freeman, in his right hand then and there held, the said William Freeman did then and there beat, bruise, and wound in and upon the face and body and arms of him, the said William Freeman, whereby he the said William Freeman was greatly wounded and disfigured, and received great bodily harm, contrary,” &c.
A motion to quash this indictment was sustained by the Circuit Court.
Gardenhire, (attorney general,) for the State.
No appearance for respondent.LEONARD, Judge, delivered the opinion of the court.
1. This indictment ought not to have been quashed. There is nothing in the objection as to the venue--time and place are formally laid to all the acts charged to have been committed by the defendant--the assault and battery, and wounding--and there was no necessity, according to the strictest rules of the common law upon this subject, to lay a venue to the statement in reference to the effect of the act done--the allegations “whereby the prosecutor was greatly wounded, disfigured, and received great bodily harm.”
2. Neither is the omission of the word “present,” in the commencement of the indictment, a valid objection here. A little consideration will make this matter plain enough. The whole statement of the facts constituting the offence--every matter found by the grand jurors upon their oaths--the accusation--all that in strictness constitutes the indictment, follows the omitted word. The commencement of the indictment is but a recital of certain preliminary facts, only necessary to be...
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