State v. McCray
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. — Hon. E. J. Broaddus, J udge. This was an information for obstructing a public road, originally drawn in two counts. There was a nol. pros, as to the second count.
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Appeal from Caldwell Circuit Court. — Hon. E. J. Broaddus, J udge. This was an information for obstructing a public road, originally drawn in two counts. There was a nol. pros, as to the second count. The first was as follows: “ William McAfee, prosecuting attorney of the county of Caldwell, informs the court that at all the dates hereinafter mentioned there was and yet is a certain public road in the said county of Caldwell, commonly called the Brunswick and Savannah road, which said road, after passing through the town of Kingston, extended from the western end of that public street in the…
1Opinion of the Court
I
Sherwood, C. J.
There is no motion for new trial incorporated in the bill of exceptions; consequently, what occurred at the trial in the way of evidence adduced, or instructions given or refused, cannot be noticed by us. *306The rule in this regard is the same in criminal as in civil causes.
II
There was no error in permitting the prosecuting attorney to file an amended affidavit to the information. He had already filed an affidavit at the time he filed the information, and the statute is express that when he has done so, he may file an amended affidavit. Meyer’s Supplt., p. 309, § 48.
III
The…
2Cited by14 opinions
- Albrecht v. United StatesSupreme Court of the United States · 1927
- State v. GriffinSupreme Court of Missouri · 1889
- State v. HarveySupreme Court of Missouri · 1891
- State v. ReedSupreme Court of Missouri · 1886
- Johnson v. StateCourt of Criminal Appeals of Texas · 1900
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