State v. Hall
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Eon. F. G. Johnston, Judge. (1) This proceeding having been commenced by indictment of a grand jury and that mode of procedure adopted, it was not competent to change the same to the other mode of an information by the prosecuting attorney. Laws of 1901, p. 138; State v. Harvey, 214 Mo. 403; State v. Gieseke, 209 Mo. 331. (2) “The burden is on the State to establish such facts as would arrest the running of the statute.”
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Appeal from Newton Circuit Court. — Eon. F. G. Johnston, Judge. (1) This proceeding having been commenced by indictment of a grand jury and that mode of procedure adopted, it was not competent to change the same to the other mode of an information by the prosecuting attorney. Laws of 1901, p. 138; State v. Harvey, 214 Mo. 403; State v. Gieseke, 209 Mo. 331. (2) “The burden is on the State to establish such facts as would arrest the running of the statute.” State v. Moore, 67 Mo.. App. 338; State v. Myers, 68 Mo. 266; State v. Snyder, 182 Mo. 462; State y. Stephens, 70 Mo. App. 554; State...…
1Opinion of the CourtGray, J.
At the October term, 1906, of the Newton Circuit Court, the grand jury returned an indictment against the defendant, charging him with violating the Local Option Law. The indictment was in four counts. The first count alleged the sale of intoxicating liquors on the 6th of October, 1906; the second count, on the 5th day of October, and the third and fourth counts, on the 3rd day of October.
The trial was had before a jury, resulting in a conviction on the first count, and a punishment of a fine of $1000 assessed, and an acquittal on the second, third and fourth counts.
The defendant appealed to…
2Cases cited3 opinions
- State v. KeatingSupreme Court of Missouri · 1909
- State v. HallMissouri Court of Appeals · 1908
- State v. StephensMissouri Court of Appeals · 1897
3Cited by2 opinions
- State v. PolitteSupreme Court of Missouri · 1952
- State v. PolkMissouri Court of Appeals · 1910