State v. Clawson
Missouri Court of Appeals
Appeal from the Knox Circuit Court, Hon. Ben. E. Turner, Judge. Thak the clauses set out separate offences, see State v. Westy. 84 Mo. 440, and State ©.. Darner on, 8 Mo. 494. The-indictment has undertaken to charge- two distinct and separate offences in one count, and so-mingled the offencestogether that the defendant'cannot tell-with what he is charged. It does not aver that they were not married! to each other.
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Appeal from the Knox Circuit Court, Hon. Ben. E. Turner, Judge. Thak the clauses set out separate offences, see State v. Westy. 84 Mo. 440, and State ©.. Darner on, 8 Mo. 494. The-indictment has undertaken to charge- two distinct and separate offences in one count, and so-mingled the offencestogether that the defendant'cannot tell-with what he is charged. It does not aver that they were not married! to each other. The state must, prove that fact; hence it; is necessary to aver it. State v. Bess, 20 Mo. 419 ; State v. Byron, 20 Mo. 210. All the material facts necessary to constitute the crime…
1Opinion of the CourtRombauer, P. J.
The defendant was indicted and convicted of an offence under section 1541, Revised Statutes, and fined five hundred dollars, from which sentence he appeals.
We are asked to affirm the judgment because the-defendant’s brief filed in this court does not contain any distinct assignment of errors. The statute and rules of the court on that subject have no application to criminal cases, in which it is the duty of the court, upon return of the appeal, to render judgment upon the record, before it, regardless of the fact of an assignment or joinder in error. Rev. Stat., sec. 1993; State v. Heffernan,…
2Cases cited15 opinions
- State v. GrantSupreme Court of Missouri · 1883
- State v. ClintonSupreme Court of Missouri · 1878
- State v. HamiltonSupreme Court of Missouri · 1874
- State v. WareSupreme Court of Missouri · 1876
- State v. ShieldsSupreme Court of Missouri · 1850
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. SibleySupreme Court of Missouri · 1895
- State v. DargatzSupreme Court of Missouri · 1912
- State v. ClawsonMissouri Court of Appeals · 1888
- State v. CoffeeMissouri Court of Appeals · 1890
- State v. MatheisMissouri Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.