State v. Swearengin
Supreme Court of Missouri
Appeal from Douglas Circuit Court.— Hon. John T. Moore, Judge. (1) The court erred in refusing to quash the information, as the same is vague, indefinite, does not intelligently inform the defendant of the nature of the charge against him, is not properly verified and charges no offense under the laws of Missouri. ■ The phrase, “On purpose,' and of his malice of aforethought,” is not known to the law.
Read the full summary
Appeal from Douglas Circuit Court.— Hon. John T. Moore, Judge. (1) The court erred in refusing to quash the information, as the same is vague, indefinite, does not intelligently inform the defendant of the nature of the charge against him, is not properly verified and charges no offense under the laws of Missouri. ■ The phrase, “On purpose,' and of his malice of aforethought,” is not known to the law. State v. Bonner, 178 Mo. 424; State v. Schnettler, 181 Mo. 173; State v. Meysenberg, 171 Mo. 1; State v. Keating, 202 Mo. 197. (2) The court erred in refusing to rule on the objections made by…
1Opinion of the CourtFaris, P. J.
Defendant was tried in the circuit court of Douglas County upon an' information charging murder in the first degree, for that, as it was averred, he had shot and hilled one Samuel O. Narramore. Having been found guilty by the jury of murder in the second degree, and his punishment assessed at imprisonment in the penitentiary for a term of ten years, he has, after the usual motions, appealed. ■
Such of the facts as may tend to make clear the points- which we will find necessary to consider in our opinion, run briefly thus:
On the 4th of July, 1914, there was a picnic at" a place in Douglas…
2Cases cited6 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. EvansSupreme Court of Missouri · 1894
- State v. GeeSupreme Court of Missouri · 1885
- State v. ParkerSupreme Court of Missouri · 1891
- State v. LewisSupreme Court of Missouri · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
- State v. MaloneSupreme Court of Missouri · 1931
- State v. MartinSupreme Court of Missouri · 1953
- State v. DemareeSupreme Court of Missouri · 1962
- Von Crome v. Travelers' Ins. Co. of HartfordCourt of Appeals for the Eighth Circuit · 1926
12 more not listed; retrieve them via the Exa API.