State v. Hughes
| Decision Date | 31 October 1882 |
| Citation | 76 Mo. 323 |
| Parties | THE STATE v. HUGHES, Appellant. |
| Court | Missouri Supreme Court |
Appeal from Lafayette Criminal Court.--HON. J. E. RYLAND, Judge.
AFFIRMED.
Wm. Young and Wm. B. Wilson for appellant.
D. H. McIntyre,Attorney General, for the State.
The defendant was indicted in the criminal court of Lafayette county for an attempt to commit a larceny, which was alleged in the indictment as follows: “That Oliver Hughes on the 25th day of June, 1882, at, etc., did unlawfully and feloniously attempt to steal, take and carry away in and from the dwelling house of one James McLean there situate, $5 in money, of the value of $5, and divers other goods, chattels and valuable things of the value of $100,” etc.A motion to quash the indictment was overruled, and on a trial defendant was found guilty as charged, and sentenced to imprisonment in the penitentiary for a term of three years, and from the judgment he has prosecuted this appeal.
The only question before us relates to the sufficiency of the indictment, counsel for defendant contending that there is not a sufficiently specific description of the goods which, it is alleged, defendant attempted to steal, and that the description should be as particular in an indictment for an attempt to steal, as in one for an accomplished larceny.The authorities are the other way, and the...
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State v. Jackson
...be required in an indictment for the actual commission of such offense." 41 Am.Jur.2d Indicts. and Infos. § 158, p. 979. Cf. State v. Hughes, 76 Mo. 323 (1882), where it is said: "The description of the property need not be as particular in an indictment for an attempt to commit a larceny a......
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Bloch v. The State
...10 Cox C. C. 13; Burrows v. State, 84 Ind. 529; Barnhart v. State, 154 Ind. 177, 180, 56 N.E. 212; People v. Ah Ye, 31 Cal. 451; State v. Hughes, 76 Mo. 323; v. Utley, 82 N.C. 556; People v. Moran, 123 N.Y. 254, 25 N.E. 412, 10 L. R. A. 109, 20 Am. St. 732, and cases cited; People v. Jones,......
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State v. Evans
...v. State, 91 Ala. 55, 8 So. 773, 24 Am. St. Rep. 860; State v. Montgomery, 66 Tenn. 160; Mackesey v. People, 6 Parker, Cr. R. 114; State v. Hughes, 76 Mo. 323; Lewis State, 35 Ala. 380; King v. Fuller, 1 B. & P. 180; King v. Higgins, 2 East 5; Rex v. Kinnerly, 1 Strange 193; Com. v. Murphy,......
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State v. Stubblefield
...Id. § 77. And, for an assault intending robbery, the thing intended to be taken in the robbery need not be described. Id. § 85; State v. Hughes, 76 Mo. 323. Another contention is made, — that the act in question was never intended to authorize capital punishment to be inflicted, except "whe......