State v. Henderson

• Decision Date: 31 January 1852
• Citation: State v. Henderson, 15 Mo. 486 (Mo. 1852)
• Court: Missouri Supreme Court
• Parties: THE STATE v. HENDERSON & POWERS.

15 Mo. 486

THE STATE

v.HENDERSON & POWERS.

Supreme Court of Missouri.

January Term, 1852.

ERROR TO NEWTON CIRCUIT COURT.

GARDENHIRE, Attorney-General, for The State, cited: 18th section of 5th article of act concerning Crimes and Punishments, Rev. Stat. 381: 3 Chitty's Cr. L. 831; 2 ibid. 144-5, note a, in which it is said that it is not necessary to state that the party to be arrested was guilty of any offense or owed any debt, or that any affidavit of debt was made. 3 Term R. 185.

RYLAND, J.

The defendants, John Henderson and Joseph Powers, were indicted at the April term, 1850, of the Circuit Court for the county of Newton, for opposing the execution of civil process. The defendants entered their appearance to the indictment, and moved the court to quash it. This motion the court sustained, and the State, by the circuit attorney, excepted, filed her bill of exceptions and brings the case here by writ of error. The sufficiency of the indictment is the only point before us. This indictment alleges “that John Henderson and Joseph Powers, late of said county, heretofore, to-wit: on the 28th day of October, A. D. 1849, at the county of Newton and State of Missouri, with force and arms did then and there unlawfully, knowingly and willfully oppose one Isaac Gibson, a constable of Neosho township, Newton county, Missouri, in his official duties as such; to-wit: in the execution of a writ of attachment issued by one Mark A. Garrison, a justice of the peace for said county and township, against the property of one James Boyd, in favor of one Lemuel Heanell, contrary,” &c.

This indictment is framed under the 18th section, 5th article of the act concerning Crimes and Punishments, Digest 1845, which declares “if any person or persons shall knowingly and willfully obstruct, resist or oppose any sheriff, or any other...