State v. Santhuff
Missouri Court of Appeals
Appeal from Reynolds Circuit Court. — Hon. Jos. J. Williams, Judge. Statement. — This defendant was convicted of publishing a criminal libel accusing M. G. Harrison, a citizen of Reynolds county, of having lived in adultery.
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Appeal from Reynolds Circuit Court. — Hon. Jos. J. Williams, Judge. Statement. — This defendant was convicted of publishing a criminal libel accusing M. G. Harrison, a citizen of Reynolds county, of having lived in adultery. The prosecution was on an amended information filed by the prosecuting attorney which reads as follows!: “George D. Sloan, prosecuting attorney within and for the county of Reynolds, State of Missouri, upon the affidavit of M. G. Harrison, informs the court that Eliza Santhuff, on the--day of March, 1906, at the county of Reynolds, in the State of Missouri, contriving and…
1Opinion of the CourtGoode, J.
(after stating the facts). — 1. Neither the motion for new trial nor the motion in arrest of judgment called attention to the omission to rule on defendant’s motion to quash the amended information/ Therefore, without further inquiry, we overrule the error assigned for this omission.
2. Defendant asserts she was tried and convicted on either an information never filed, or on the second affidavit. It is plain the trial was on the amended information; that no other was filed or intended to be, but the entry of November 26th, stating the filing of a second amended one was a mistake and should…
2Cases cited6 opinions
- State v. BrownSupreme Court of Missouri · 1904
- State v. SchnettlerSupreme Court of Missouri · 1904
- State v. CornellMissouri Court of Appeals · 1891
- State v. RunziMissouri Court of Appeals · 1904
- State v. FitzgeraldMissouri Court of Appeals · 1886
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