State v. Patterson
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. William T. Jones, Judge. (1) The demurrer to the information, the demurrer at the close of the State’s case and the demurrer at the close of the whole case should have heen sustained for the reason that the information failed to set out the language of the accusation and threat in haec verba, alleged to have been made by the defendant. State v. Hayward, 83 Mo. 307; 1 Bishop, Crim.
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Appeal from St. Louis City Circuit Court. — Hon. William T. Jones, Judge. (1) The demurrer to the information, the demurrer at the close of the State’s case and the demurrer at the close of the whole case should have heen sustained for the reason that the information failed to set out the language of the accusation and threat in haec verba, alleged to have been made by the defendant. State v. Hayward, 83 Mo. 307; 1 Bishop, Crim. Prac., sec. 81. The information is based on Sec. 4532, R. S. 1909. It pleads only a conclusion, and does not plead the necessary constitutive facts of a valid…
1Opinion of the Court
WHITE, C.
Information was filed in the circuit court of the city of Saint Louis, at the April Term, 1915, charging the defendant, jointly with Frederick W. Deuser and Edward C. Butler, with robbery in the third degree under section 4532, Revised Statutes 1909, by threatening *103to accuse one Peter Ibsen of a felony and thereby extorting from him certain promissory notes, signed by him and payable to the appellant. The defendant Patterson was granted a severance and on his separate trial was convicted, and his punishment assessed at a term of five years in the penitentiary; from this judgment he…
2Cases cited20 opinions
- Rosen v. United StatesSupreme Court of the United States · 1896
- State v. SpraySupreme Court of Missouri · 1903
- State v. MyersSupreme Court of Missouri · 1884
- State v. WilsonSupreme Court of Missouri · 1909
- State v. YoungSupreme Court of Missouri · 1916
15 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. SkillicornSupreme Court of Missouri · 1997
- State v. ShilkettSupreme Court of Missouri · 1947
- State ex rel. McAllister v. SlateSupreme Court of Missouri · 1919
- State v. OswaldSupreme Court of Missouri · 1957
- State v. GarrisonSupreme Court of Missouri · 1938
10 more not listed; retrieve them via the Exa API.