State v. McKay
Supreme Court of Missouri
Appeal from Marion Circuit Court. — Eon. David E. Eby, Judge. (1) This case seems to come within the rule laid down in the case of State v. Hayes, 220 MJo. 1, and cases cited. (2) And could this appeal escape the force of the decisions to which reference is made, another difficulty of quite serious nature would he met in the path to a reversal of this cause, i. e., the motion to quash, and the exception to the court’s action thereon, are not preserved for review.
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Appeal from Marion Circuit Court. — Eon. David E. Eby, Judge. (1) This case seems to come within the rule laid down in the case of State v. Hayes, 220 MJo. 1, and cases cited. (2) And could this appeal escape the force of the decisions to which reference is made, another difficulty of quite serious nature would he met in the path to a reversal of this cause, i. e., the motion to quash, and the exception to the court’s action thereon, are not preserved for review. State v. Tooker, 188 Mo. 444. (3) Could all these obstacles be overcome, another would arise. No motion for new trial, calling the…
1Opinion of the CourtFox, J.
This cause is brought to this court by appeal on the part of the State from an order sustaining a motion to quash an information which had beén filed in this cause and discharging the defendant.
At the September, 1908, term of the circuit court of Marion county, Eugene W. Nelson, prosecuting attorney, filed an information charging defendant with having embezzled certain public moneys entrusted to his care in his official capacity as county clerk of *543Marion county. The defendant was arrested, arraigned and pleaded not guilty. Subsequently, by leave of court, the plea of not guilty was withdrawn,…
2Cases cited8 opinions
- State v. WallSupreme Court of Missouri · 1851
- State v. VincentSupreme Court of Missouri · 1887
- State v. GeeSupreme Court of Missouri · 1883
- State v. FrakerSupreme Court of Missouri · 1897
- State v. Fortune & HannanSupreme Court of Missouri · 1847
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