State v. Sides
| Decision Date | 30 April 1877 |
| Citation | 64 Mo. 383 |
| Parties | THE STATE OF MISSOURI, Appellant, v. HENRY C. SIDES, Respondent. |
| Court | Missouri Supreme Court |
Appeal from McDonald County Circuit Court.
J. L. Smith, Att'y Gen'l, for Appellant.
It is not necessary in an indictment for murder to charge in what county the deceased died, or when he died The words of the indictment are susceptible of no other construction than that Martin died in the county of McDonald, and on the day before alleged in said indictment, to-wit: the 3rd day of February, 1873. (State vs. Harvey, 67 N. C. 467: State vs. Ryan, 13 Minn. 370.)
Bray & Cravens, for Respondent, cited: Chit. Cr. Law, 737; 2 Hale, 179; Cro. Eliz. 738.
The defendant in this case was indicted in the McDonald Circuit Court, at its February term, 1873, for murder, in killing one John Martin.
After various continuances of the cause, at the instance of defendant and on his motion and affidavit, a change of venue was awarded by the said circuit court, at its October term, 1874, to the circuit court of Newton county. Defendant filed in the latter court, at its February term, 1875, his motion to quash the indictment, which was sustained, and the defendant discharged. From this action of the court the State has appealed.
The causes assigned in the motion to quash are: 1st, because the record of the court does not show that the court appointed a foreman of the grand jury, or that there was any foreman of said grand jury; 2d, because the record does not show that there was the requisite number of men qualified to serve as grand jurors, when the indictment was filed in court; 3d, because the record does not show that said indictment was presented by the foreman in open court, in the presence of the grand jury; 4th, because the record does not show that Elijah Walker was qualified to serve as grand juror for McDonald county; 5th, because the indictment does not charge in what county or at what time John Martin died; 6th, because the record does not show the grand jurors were sworn as required by law.
We will only notice the fifth reason, assigned in the motion to quash the indictment, as all the other reasons assigned are not only extremely technical, but are unsustained by the record, which sufficiently shows that a foreman of the grand jury was appointed and sworn, together with fourteen other “good and lawful men,” and that the indictment in question was returned in open court, duly indorsed by the foreman in the presence of his fellow jurors.
The indictment charges in substance, that “defendant with force and arms, at,...
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