State v. Kelley
Supreme Court of Missouri
Error to Dent Circuit Court,- — How. L. B. Wood-side, Judge. (1) The information is insufficient to support the verdict and judgment. The building charged to have been broken into and entered is alleged, inferentially, to have been the property of the St. Louis and San Francisco Railway Company, but it is not alleged in the information that that railway company was a corporation or that it was a co-partnership.
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Error to Dent Circuit Court,- — How. L. B. Wood-side, Judge. (1) The information is insufficient to support the verdict and judgment. The building charged to have been broken into and entered is alleged, inferentially, to have been the property of the St. Louis and San Francisco Railway Company, but it is not alleged in the information that that railway company was a corporation or that it was a co-partnership. This the defendants were entitled to know by the record, and the allegation that it was one or the other is indispensably necessary to the sufficiency of the information. If a…
1Opinion of the CourtGantt, J.
On the 23rd of February, 1901, the prosecuting- attorney of Dent county filed the following information, duly verified, in the office of the clerk of the circuit court of said county:
‘ ‘ State of Missouri vs. Daniel D. Kelley, Nicholas • • Gardner, James Blackburn, James Wallace:—
Burglary and Larceny.
“Now .comes A. E. McGlashan, prosecuting attorney within and for Dent county, in the State of Missouri, and informs the court that Daniel D. Kelley, Nicholas Gardner, James Blackburn and James Wallace, on the 23rd day of February, 1901, at and in Dent county, State of Missouri, did feloniously…
2Cases cited8 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- McGee v. StateSupreme Court of Missouri · 1844
- State v. JamesSupreme Court of Missouri · 1906
- State v. RoweSupreme Court of Missouri · 1898
- Henderson v. StateIndiana Supreme Court · 1878
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3Cited by21 opinions
- State v. LynchSupreme Court of Missouri · 1984
- Albright v. StateCourt of Criminal Appeals of Alabama · 1973
- State v. BosworthSupreme Court of Iowa · 1915
- State v. SavageWest Virginia Supreme Court · 1920
- State Ex Rel. Garnholz v. La DriereSupreme Court of Missouri · 1957
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