State v. Shelton
Supreme Court of Missouri
Appeal from Christian Circuit Court. — Now. John T. Moore, Judge. (1) (a) The form of the amended information upon which the defendant was tried, conforms to the precedents in like cases. State v. Ferguson, 162 Mo. 671. (b) The allegation that the murder was committed with an ax, “which they then and there in their hands held” is not the best form, but does not render the indictment fatally defective.
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Appeal from Christian Circuit Court. — Now. John T. Moore, Judge. (1) (a) The form of the amended information upon which the defendant was tried, conforms to the precedents in like cases. State v. Ferguson, 162 Mo. 671. (b) The allegation that the murder was committed with an ax, “which they then and there in their hands held” is not the best form, but does not render the indictment fatally defective. State v. Dalton, 27 Mo. 14; State v. Payton, 90 Mo. 225; State v. Grimes, 29 Mo. App. 471. (c) The motion to quash, in respect to this feature of the information, merely alleged that “the…
1Opinion of the CourtFox, J.
This cause is now before this court upon appeal from a judgment of the circuit court of Christian county, Missouri, convicting the defendant of murder of the first degree. The amended information, upon which defendant was tried, and which was duly verified, was filed by the prosecuting attorney in the *123circuit court of Christian county on the 25th of August, 1908. Omitting formal parts, the charge upon which defendant was convicted, was thus stated in the information.
“Fred W. Barrett, prosecuting attorney within and for the county of Christian, in the State of Missouri, for an amended…
2Cases cited21 opinions
- State v. WalkerSupreme Court of Missouri · 1888
- State v. MarcksSupreme Court of Missouri · 1897
- State v. PaytonSupreme Court of Missouri · 1886
- State v. UmbleSupreme Court of Missouri · 1893
- State v. HunterSupreme Court of Missouri · 1904
16 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. HoltSupreme Court of Missouri · 1980
- State v. BradleySupreme Court of Missouri · 1950
- State v. StogsdillSupreme Court of Missouri · 1929
- State v. HubbardSupreme Court of Missouri · 1943
- People v. RongoCalifornia Supreme Court · 1914
15 more not listed; retrieve them via the Exa API.