
    Thomas Appellant, v. The State, Appellee.
    J. Where a demurrer to an indictment is over ruled, and the defendant refuses or neglects to plead further, the court should direct the plea of not guilty to ho entered*
    2. It is not necessary for the circuit attorney to subscribe his name to the indictment.
    indictment i Where a demurrer to an is thTdefindaift refuses or ne-the plea of not entered.10 ***
    Appeal from Carroll circuit court.
    
      Davis counsel for Appellant.
    
    1st. The indictment is not signed by the prosecuting attorney or any one for him.
    Snd. The indictment does not sufficiently describe the offence.
    3rd. The court entered judgment for the fine without finding the defendant guilty of the charge.
    1st point. See Rev. Statutes Mo., page 89, sec. 4, title “attornies at law,” also title “practice at law,” page 458, sec. 6. 1st Chitty crin, law 335, side page.
    2nd point. See statute 209, sec. 30, crimes and punishments.
    3rd point. See statute p. 485, sec. 4, title “practice and proceedings in criminal cases.”
   Opinion of the court by

Tompkins Judge.

The plaintiff in error was indicted for horse racing. The defendant, demurred to the indictment; the circuit court-over ruled the demurrer, and then assessed the defendants’ fine to ten dollars.

The indictment charges the offence in the words of the -statute, and comment is useless.

But the statute directs that, in all cases where the defendant does not confess the indictment to be true, a plea of not guilty shall be entered, and the '-■ame proceedings shall be had as if the defendant had indictment. formally pleaded not guilty to such

The law never contemplated that a man charged ly, means to confess the indictment tobe true when he murs: even in civil cases the defendant who has a demurrer decided against him, is allowed to withdraw his demurrer and plead. A jury then should have been empannelled to find whether the defendant was or was not guilty.

ceísar/for16" the circuit at-sorib/hísSU,>" name to the inaiotmijnt.

It w as also charged as a defect in the indictment, that it was nc,t subscribed by the circuit attorney; and reference is made to the 6th section of the 3rd article of the act to regulate practice, at law, page 458 of the digest of 1835.— This section directs that declarations and other pleadings ^e signed by the party or his attorney,

This act purports to regulate the practice in civil cases and there is another act to regulate the practice in criminal cases.

........ I am not aware of any provision m that act requiring the circuit attorney to subscribe his name to indictments.

The- judgment of the circuit court is, reversed, and the cause will be remanded to. be proceeded in. conformably to this opinion.  