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38 Mo. 362

State v. Fanning

Supreme Court of Missouri

Decided July 15, 1866

Supreme Court of Missouri · decided 1866-07-15

<p>Criminal Practice — Motion to quash — Supreme Court. — The Supreme Court will not reverse a judgment in a criminal case because the court below refused to quash the indictment.</p>

Relies on State v. Conrad

Decided 1866-07-15

Holmes, Judge,

¶1delivered the opinion of the court.

¶2This case differs from the case of the State v. same, decided at this term, ip this only, that it is alleged as a ground of arrest that the court erred in overruling the motion to quash the indictment. For the same reasons given in the opinion in that case, this indictipent must be held to be sufficient. Moreover, it has been decided by this court, that a judgment in a criminal case will not be reversed because the court below refused to quash the complaint or indictment—State v. Conrad, 21 Mo. 271.

¶3Judgment affirmed.

Judge Wagner concurs; Judge Lovelace absent.
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