State v. Coleman
Supreme Court of Missouri
Appeal from Chariton Circuit Court, — How. Jno. P. Butter, Judge. (1) The court erred in refusing to quash the amended information for the reason that the original information only charged manslaughter and could not he so amended as to charge murder. (2) Court erred in permitting J. A. Collet, assistant hired counsel, to close the argument for the State over the objection and protest of the defendant.
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Appeal from Chariton Circuit Court, — How. Jno. P. Butter, Judge. (1) The court erred in refusing to quash the amended information for the reason that the original information only charged manslaughter and could not he so amended as to charge murder. (2) Court erred in permitting J. A. Collet, assistant hired counsel, to close the argument for the State over the objection and protest of the defendant. (3) To overrule defendant’s application for a continuance on the ground that the evidence of a witness in the former trial of the case which defendant desired to impeach had been preserved in…
1Opinion of the CourtFox, J.
This cause is here upon appeal from a judgment of the circuit court of Chariton county convicting the defendant of murder of the second degree.This case was in this court on a former appeal, and is reported in 186 Mo. at page 151. On that appeal it was held by this court that the- information on which the defendant was tried and convicted was defective, in that in the concluding part thereof the prosecuting attorney omitted to use the words “upon his oath,” which were held essential in charging the crime of murder in the *115first degree. The case was then reversed and remanded for a new trial.
Aft…
2Cases cited4 opinions
- State v. ColemanSupreme Court of Missouri · 1905
- State v. RobbSupreme Court of Missouri · 1886
- State v. StarkSupreme Court of Missouri · 1880
- State v. EmersonSupreme Court of Missouri · 1905
3Cited by14 opinions
- State v. KuselWyoming Supreme Court · 1923
- State v. Le BeauSupreme Court of Missouri · 1957
- State v. McCrackenSupreme Court of Missouri · 1937
- State v. WooleySupreme Court of Missouri · 1909
- State v. LloydSupreme Court of Missouri · 1935
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