State v. Wilkson
Missouri Court of Appeals
Appeal from, the St. Francois County Circuit Court.— Hon. James D. Pox, Judge. The term “information” as used in tne constitution of 1875 is to be understood in its common-law sense, i. e.r a criminal charge exhibited by the attorney general or other proper officer. State v. Rockwell, 18 Mo. App. 395; State v. Sibecca, 76 Mo. 55 ; State v. Kelm, 79 Mo. 515 ; State v. Russell, 88 Mo. 648; Ex parte Thomas, 10 Mo. App. 24; 1 Bish. Crim.
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Appeal from, the St. Francois County Circuit Court.— Hon. James D. Pox, Judge. The term “information” as used in tne constitution of 1875 is to be understood in its common-law sense, i. e.r a criminal charge exhibited by the attorney general or other proper officer. State v. Rockwell, 18 Mo. App. 395; State v. Sibecca, 76 Mo. 55 ; State v. Kelm, 79 Mo. 515 ; State v. Russell, 88 Mo. 648; Ex parte Thomas, 10 Mo. App. 24; 1 Bish. Crim. Proc., secs. 604, 611. The requirement of the statute (Laws of 1885) authorizing the proseca4ing attorney to make such information “under his oath of office” was…
1Opinion of the CourtBiggs, J.
The prosecuting attorney of the county filed an information against the defendant, before a justice of the peace, by which he sought to charge the defendant with a violation of the law governing druggists in the sale of intoxicating liquors. (Sess. Acts, 1885, p. 89.)
The defendant was tried and convicted before the justice, the jury assessing his fine at the sum of three hundred dollars. The defendant appealed to the circuit court, where the information upon which he was tried and convicted was held to be insufficient and he was discharged. The state has prosecuted its appeal from this…
2Cases cited10 opinions
- Washburn v. PeopleMichigan Supreme Court · 1862
- State v. MontgomerySupreme Court of Kansas · 1871
- State v. KelmSupreme Court of Missouri · 1883
- State v. HobbsSupreme Judicial Court of Maine · 1855
- State v. MarshallSupreme Court of Missouri · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. RansbergerSupreme Court of Missouri · 1891
- State v. GuglielmoOregon Supreme Court · 1905
- State v. RansbergerMissouri Court of Appeals · 1890
- State v. BuckMissouri Court of Appeals · 1891
- State v. MartinMissouri Court of Appeals · 1891
9 more not listed; retrieve them via the Exa API.