State v. Rochforde

• Court: Missouri Supreme Court
• Writing for the Court: WAGNER
• Citation: State v. Rochforde, 52 Mo. 199 (Mo. 1873)
• Decision Date: 31 March 1873
• Parties: STATE OF MISSOURI, Respondent, v. JAMES ROCHFORDE, et al., Appellants.

52 Mo. 199

STATE OF MISSOURI, Respondent,

v.JAMES ROCHFORDE, et al., Appellants.

Supreme Court of Missouri.

March Term, 1873.

Appeal from St. Louis Court of Criminal Correction.

Mauro and Laughlin, for Appellants.

The complaint does not sufficiently describe the offense.

R. S. McDonald, for Respondent.

The complaint sets forth the offense charged, fully and clearly according to the language of the Statute. (W. S., p. 496.)

WAGNER, Judge, delivered the opinion of the court.

The defendants moved to dismiss the information in this case, because the same was insufficient, and afterwards moved in arrest of judgment for the same reason, both of which motions were overruled. The ruling of the court on these motions constitutes the only question for our consideration, as the record discloses no other point of law saved. The information is not only inartificially drawn, but it is absolutely wanting in certainty. It alleges that the defendants, wickedly devising and intending to defraud and prejudice the St. Louis Gas Light Company, conspired and confederated and agreed together, fraudulently and feloniously to commit larceny by stealing, taking and carrying away the property, goods and chattels of the said company, and that in pursuance of said conspiracy, they unlawfully and feloniously altered, changed and tampered with a certain gas meter, the property of the said company, with the intent to steal, take and carry away certain valuable property and goods of the company.

The information, it will be observed, does not specify any particular property or goods that the defendants conspired to steal, or that they intended to take or carry away. They are charged with altering and tampering with a gas meter, but it is not...