28 Mo. 90
Decided January 15, 1859
Supreme Court of Missouri · decided 1859-01-15
The following is the indictment in this case : “ The grand jurors, &c., present that John Gardner, of, &c., on, &c., at, I. The indictment is not good either upon the statute or at common law. (2 Bailey, 149; 8 Mo. 494; 1 Cliitt. G. L. 168.) It should have been stated that the acts constituting the offence were openly and notoriously committed; that the act was committed publicly, or in a public place, or in public view.
Good law ✅— No negative treatment on recordhow we know
Decided 1859-01-15
Cited by 10 later decisions — most recently November 1922
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1delivered the opinion of the court.
¶2The indictment not only charged the defendant generally in the words of the statute with being “ guilty of an open and notorious act of public indecency, grossly scandalous,” *91but specified with sufficient certainty the act that constituted the offence.
¶3The indictment was sufficient, and the judgment will be affirmed;