State v. McWilliams
Supreme Court of Missouri
Appeal from Daviess Circuit- Court. — Hon. Fred Lamb, •Judge. (1) The court erred in overruling defendant’s motion to quash the information. The information did not contain an essential element of the offense, viz., the intent. This information is based on the first subdivision of Sec. 4550, R. S. 1909. State v. Lentz, 184 Mo. 234; 15 Cyc. 491. When the intent with which an act is done is a necessary ingredient of the offense it must be alleged in the information.
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Appeal from Daviess Circuit- Court. — Hon. Fred Lamb, •Judge. (1) The court erred in overruling defendant’s motion to quash the information. The information did not contain an essential element of the offense, viz., the intent. This information is based on the first subdivision of Sec. 4550, R. S. 1909. State v. Lentz, 184 Mo. 234; 15 Cyc. 491. When the intent with which an act is done is a necessary ingredient of the offense it must be alleged in the information. Kelley’s Criminal Law & Practice (3 Ed.), see. 199; State v. Haney, 130 Mo. App. 95; State v. Dowd, 95 Mo. 163; State v. McCollum,…
1Opinion of the CourtWalker, J.
In November, 1913, appellant was charged in an information filed in the circuit court of Livingston County with embezzlement, under section 4550, Revised Statutes 1909. Upon a trial in the circuit court of Daviess County, to which the case had been transferred by change of venue, appellant was convicted and sentenced to four years’ imprisonment in the penitentiary. The original information was in one count. Appellant moved to quash same on the general ground that it did not state facts sufficient to constitute a cause of action. This motion was by the court overruled. After the case had been…
2Cases cited6 opinions
- Capital City Dairy Co. v. OhioSupreme Court of the United States · 1902
- State v. MoyerWest Virginia Supreme Court · 1905
- State v. LentzSupreme Court of Missouri · 1904
- Thorington v. MontgomerySupreme Court of the United States · 1893
- State v. WoodwardMissouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State Ex Rel. Cacciatore v. DrumbrightSupreme Court of Florida · 1934
- State v. SaundersSupreme Court of Missouri · 1921
- State v. BaldwinSupreme Court of Missouri · 1962
- Burnes v. StateSupreme Court of Florida · 1925
- State v. ListonSupreme Court of Missouri · 1928
10 more not listed; retrieve them via the Exa API.