19 Mo. 224 | Mo. | 1853
delivered the opinion of the court.
Gibson Joiner was indicted by the grand jury, at the September term, 1852, of the Circuit Court for Wayne county, for petit larceny, charged with stealing one wool hat of the value of two dollars. At the March term, the defendant appeared and moved the court to quash the indictment, because there is no prosecutor endorsed on the same, and because the stealing is charged to have been done feloniously. The court quashed the indictment; the attorney for the State excepted, and brings the case here by appeal.
On this indictment, there is no name of a prosecutor, nor is there any statement endorsed thereon that the indictment was preferred on the information of two or more of the grand jury, or on the information of some public officer in the necessary discharge of his duty. The indictment, therefore, was properly quashed, and the judgment of the Circuit Court is affirmed,