Legal Opinion

State v. McGee

Supreme Court of Missouri

Decided May 10, 1904PublishedCited by 10 opinions

Appeal from St. Louis City Circuit Court. — -Hon. O’Neill Ryan, Judge. (1) The information, in the absence either of verification or affidavit in support thereof, was insufficient, and the motion to quash should have been sustamed. State v. Jones, 168 Mo. 398; State v. Bonner, 178 Mo. 424. (2) The verdicts are not responsive to the charge contained in the information, nor to the issue submitted by the . instructions of the court.

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Appeal from St. Louis City Circuit Court. — -Hon. O’Neill Ryan, Judge. (1) The information, in the absence either of verification or affidavit in support thereof, was insufficient, and the motion to quash should have been sustamed. State v. Jones, 168 Mo. 398; State v. Bonner, 178 Mo. 424. (2) The verdicts are not responsive to the charge contained in the information, nor to the issue submitted by the . instructions of the court. State v. Pierce, 136 Mo. 40; State v. Rowe, 142 Mo. 442; State v. Jones, supra; Webber v. State, 10 Mo. 8; Clark’s Crim. Proc., 485; 1 Bish. New Crim. Law, sec.…

1Opinion of the CourtGantt, P. J.

This is a prosecution by information filed in the circuit court of the city of St. Louis by the circuit attorney of said city, and, omitting caption, is as follows:

“That John McGee, Edward McGraw, alias Butch, and John Scullin, alias- Kid Taylor, alias Whiting, on the twenty-first day of January, one thousand nine hundred and three, at the city of St. Louis aforesaid, about the hour of 11:40 in the night thereof, at the city of St. Louis aforesaid, one pearl scarf pin set with eleven diamonds of the value of one hundred and ninety dollars ($190.00), all the goods, chattels and personal…

2Cases cited4 opinions

  1. State v. SchnettlerSupreme Court of Missouri · 1904
  2. State v. JonesSupreme Court of Missouri · 1902
  3. State v. BonnerSupreme Court of Missouri · 1903
  4. State v. RoweSupreme Court of Missouri · 1898

3Cited by10 opinions

  1. State v. DeWittSupreme Court of Missouri · 1905
  2. State v. SmithSupreme Court of Missouri · 1905
  3. State v. JordanSupreme Court of Missouri · 1920
  4. State v. WilliamsSupreme Court of Missouri · 1905
  5. State v. SimensonSupreme Court of Missouri · 1915

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