State v. Murdock

Decided January 15, 1846

Supreme Court of Missouri · decided 1846-01-15

Charles Circuit Court. Insists that this court has jurisdiction of this case. This court is a tribunal created by the constitution, and where powers are conferred, and duties devolve upon it, by the constitution, no enactment of the legislature can take them away. The constitution, article 5th, sec. 3, says this court shall exercise a general superintending control over all inferior courts of law.

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Decided 1846-01-15

How this case has been cited

Cited by 5 later decisions — most recently May 1910

5 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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Scott, J.,

¶1delivered the opinion of the Court.

¶2Murdock was indicted and convicted for having in his possession counterfeit coins, with intent to utter them as true. The offence was not charged to have been done feloniously, nor was that word used in the indictment. The judgment was arrested, and the State has sued out this writ of error.

¶3The having in one’s possession counterfeit coins, with intent to utter them as true, is made a felony by our statute. Every offence which is *732made a felony by statute, must be charged to have been done feloniously, whether it was a felony by' common law or not. The word feloni-ously is indispensably necessary in all indictments for felony; whether statutory or by common law.

¶4The other Judges concurring, the judgment will be affirmed.