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21 Mo. 504

State v. Blankenship

Supreme Court of Missouri

Decided July 15, 1855

Supreme Court of Missouri · decided 1855-07-15

Coleman N. Blankenship was indicted by the name of Coleman N. Blackenship, for breaking open a letter. A demurrer to a plea in- abatement for misnomer was overruled by the Circuit Court, the indictment abated, and the defendant discharged.

Decided 1855-07-15

Ryland, Judge.

¶1This case involves the same questions as have been just settled in the case of the State v. Havely. The judgment of the Circuit Court is reversed, and the case remanded. See opinion in Havely’s case, which is adopted for this case, rmitatis mutandis; Judge Leonard concurring ; Judge Scott dissenting.

Scott, Judge.

¶2For my view, with regard to this ease, reference is made to my opinion in the case of State v. Havely, decided at this term.

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