State v. Ellis

Decided May 17, 1897

Missouri Court of Appeals · decided 1897-05-17

— Hon. W. W. Wood, Judge. The indictment is fatally defective. It does not charge that “Crab Orchard” sehoolhouse, the alleged place where the congregation charged to have been disturbed had met, was set apart for religious worship. State v. Fugitt, 66 Mo. App. 625; State v. Stegall, 65 Mo.-App. 243; . State v. Kindrieh, 21 Mo. App. 507; State v. Schieneman, 64 Mo. 386.

Cited by 1 later decisions — most recently April 1910

1 state decisions

Relies on State v. Schieneman · 21 Mo. App. 507 - State v. Kindrick · State v. Stegall

Good law ✅— No negative treatment on recordhow we know

Reversed and dependant discharged · Decided 1897-05-17

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Gill, J.

¶1wor¿”§>!'plfce"8 set apart. e Defendant was indicted, tried, and found guilty of disturbing a congregation assembled for religious worship, and has appealed to this court. The only question raised on this appeal relates to the court’s action in overruling defendant’s motion to quash the indictment, gpeei£c objection to the indictment, which was pointed out in the motion to quash, is that it fails to allege that the place where the congregation met was set apart for religious worship.

¶2The indictment does not so allege, either in form or substance, and under the following decided cases we are bound to hold the same insufficient. State v. Schie*271neman, 64 Mo. 386; State v. Kindrick, 21 Mo. App. 507; State v. Stegall, 65 Mo. App. 243; State v. Fugitt, 66 Mo. App. 625.

¶3Judgment reversed and defendant discharged.

All concur.