State v. Rozelle
Supreme Court of Missouri
Transferred from Kansas City Court of Appeals. The first question is, whether .or not the State can appeal, this being a prosecution by information rather than indictment. It will be remembered that in three cases, much to the surprise of bench and bar, the Supreme Court decided that the State did not have the right to appeal in prosecution by information.
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Transferred from Kansas City Court of Appeals. The first question is, whether .or not the State can appeal, this being a prosecution by information rather than indictment. It will be remembered that in three cases, much to the surprise of bench and bar, the Supreme Court decided that the State did not have the right to appeal in prosecution by information. State v. Clipper, 142 Mo. 474; State v. Carr, 142 Mo. 607; State v. Cornelius, 143 Mo. 179. Then, in a subsequent case, in construing similar sections of the statute the court held that a defendant in a prosecution by information has no…
1Opinion of the CourtFox, J.
On the 16th day of September, 1901, the prosecuting attorney filed an information in the circuit court of Barton county, charging respondent with the offense of libel, in that he published in the Leader certain language concerning Arthur Aull. On January 11, 1902, an amended information was duly filed with leave of court. Respondent filed a demurrer thereto, and the same was sustained by the court, and final judgment was entered discharging the respondent; the State then duly appealed.
The appeal in this case from the Barton Circuit Court was taken to the Kansas City Court of Appeals. That…
2Cases cited7 opinions
- State v. ClipperSupreme Court of Missouri · 1898
- State v. BrownSupreme Court of Missouri · 1900
- State v. CarrSupreme Court of Missouri · 1898
- State v. CorneliusSupreme Court of Missouri · 1898
- State v. ThayerSupreme Court of Missouri · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. AdamsSupreme Court of Missouri · 1906
- State v. WilksonMissouri Court of Appeals · 1909