77 Mo. 496 | Mo. | 1883
This cause is before us on the appeal of the State from the action of the circuit court of Howell county, in sustaining a motion to quash the second count of an indictment charging defendants with feloniously assaulting and inflicting great bodily harm on John Key. Among other grounds contained in the motion to quash, it is alleged that the indictment is vague, illegible, uncertain and unintelligible, and that the second count fails to state any offense. It is contended on the part of the State that the motion to quash should have been disregarded by the trial court because it did not distinctly specify the grounds of objection to the indictment. If the said motion had only Stated as a reason for quashing the indictment, that it did not charge any offense, the point raised by counsel would be before us for determination, but inasmuch as it is also alleged as one of the grounds for the motion, that the indictment is vague, illegible, uncertain and unintelligible, it. is unnecessary to consider the point presented, as that allegation was sufficiently specific to make it the duty of the court to pass upon the motion; and the only matter remaining to be determined by us is, whether the court erred in sustaining the motion and adjudging the second count to be insufficient.
Judgment reversed and cause remanded for the reason that in our opinion the indictment sufficiently alleges an offense.