State v. Duvenick
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. Wm. H. Martin, Judge. (1) The constitutional provision that all indictments shall conclude with the words, “against the peace and dignity of the State,” is mandatory. “Agains” the peace and dignity of the State, does not comply with this mandate. State v. Campbell, 210 Mo. 202; State v. Lopez, 19 Mo. 254; State v. Clevenger, 25 Mo. App. 653; State v. Pemberton, 30 Mo. 376; State ,v. Stacy, 103 Mo. 11; State v. Ulrich, 96 Mo.
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Appeal from Moniteau Circuit Court. — Hon. Wm. H. Martin, Judge. (1) The constitutional provision that all indictments shall conclude with the words, “against the peace and dignity of the State,” is mandatory. “Agains” the peace and dignity of the State, does not comply with this mandate. State v. Campbell, 210 Mo. 202; State v. Lopez, 19 Mo. 254; State v. Clevenger, 25 Mo. App. 653; State v. Pemberton, 30 Mo. 376; State ,v. Stacy, 103 Mo. 11; State v. Ulrich, 96 Mo. App. 689." (2) The information can not be upheld on the ground that the word “against” is only misspelled. The word “agains,”…
1Opinion of the CourtFerriss, J.
At the January term, 1910, of the circuit court of Moniteau county, the prosecuting attorney, by leave of court, filed his third amended information in two counts, the first of which charged the defendant with felonious assault with a deadly weapon, and the second, with feloniously and unlawfully exhibiting a deadly weapon in a rude, angry and threatening manner, in the presence of one B. F. Brockhausen; both counts being based upon the same transaction.
Before proceeding to trial, the defendant, by counsel, moved the court to require the State to elect upon which count in the information it…
2Cases cited3 opinions
- State v. HouxSupreme Court of Missouri · 1891
- State v. PrattSupreme Court of Missouri · 1889
- State v. SchmidtSupreme Court of Missouri · 1897
3Cited by4 opinions
- State v. KingSupreme Court of Missouri · 1957
- State v. BakerSupreme Court of Missouri · 1915
- State v. MoreheadSupreme Court of Missouri · 1917
- State v. AdkinsSupreme Court of Missouri · 1920