79 Mo. 584 | Mo. | 1883
The defendant, W. L. Belew, was indicted in the Ilowell circuit court for perjury. On arraignment he filed motion to quash, assigning as grounds thereof: 1st, Because there is no offense charged in the indictment; 2nd, Because the court is not informed in what issue or trial the alleged perjury was committed; 3rd, Because the indictment is an absurdity on its face. The court sustained the motion and quashed the indictment. The State appeals from this judgment.
The third ground, that the indictment is absurd, of course is frivolous and should be disregarded.
The judgment of the circuit court is, therefore, reversed and the cause remanded, with directions to overrule