Legal Opinion

State v. Sassaman

Supreme Court of Missouri

Decided December 15, 1908PublishedCited by 20 opinions

Appeal from Johnson Circuit Court. — Son. N. M. Bradley, Judge. (1) The court erred in overruling the motion to quash the information. . First: Because the right of preliminary examination had not been accorded defendant. R. S. 1899, sec. 2476a, Laws 1905, p. 133. Second: Because the information does not charge defendant with the commission of any ¡crime whatever above manslaughter. Third: Because the information is not verified1 as required by law.

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Appeal from Johnson Circuit Court. — Son. N. M. Bradley, Judge. (1) The court erred in overruling the motion to quash the information. . First: Because the right of preliminary examination had not been accorded defendant. R. S. 1899, sec. 2476a, Laws 1905, p. 133. Second: Because the information does not charge defendant with the commission of any ¡crime whatever above manslaughter. Third: Because the information is not verified1 as required by law. Section 2417, Revised Statutes 1899, provides that ‘£ all informations shall be signed by the prosecuting attorney and be verified by his oath.”…

1Opinion of the CourtFox, P. J.

This cause is now pending before this court upon defendant’s appeal from a judgment of the circuit court of Johnson county, Missouri, convicting him of murder of the first degree.

On October 5,1904, Anna Z. Bentley made affidavit before a justice of the peace of Johnson county, charging Robert Sassaman, the defendant, with murder in the first degree, for the killing of one Carl Miller. Upon this charge the prosecuting attorney of said county filed an information against defendant November 3, 1904. October SO1, 1906, the defendant was arrested at Chicago', Illinois, and was brought to Johnson…

2Cases cited14 opinions

  1. State v. DonnellySupreme Court of Missouri · 1895
  2. State v. GartrellMissouri Court of Appeals · 1903
  3. State v. BaileySupreme Court of Missouri · 1887
  4. State v. BobbittSupreme Court of Missouri · 1908
  5. State v. JacksonSupreme Court of Missouri · 1891

9 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State Upon the Information of McKittrick v. WymoreSupreme Court of Missouri · 1939
  2. State v. Le BeauSupreme Court of Missouri · 1957
  3. State v. FieldsSupreme Court of Missouri · 1911
  4. State v. PfeiferSupreme Court of Missouri · 1916
  5. State v. SharpSupreme Court of Missouri · 1911

15 more not listed; retrieve them via the Exa API.

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