State v. Quinn
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. (1) Unauthorized additions or subtractions of matter to a record do not change the record; it still remains record as first made and parol testimony may be taken to show what the record really is (not to change it). R. S. 1899, sec. 674; State _ex rel. v. St, Louis, 67 Mo. 113; 3 Rice on Evidence, p. 62, sec. 36. (2) At the time informations were filed no jurisdiction attached to try defendant because unverified.
Read the full summary
Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. (1) Unauthorized additions or subtractions of matter to a record do not change the record; it still remains record as first made and parol testimony may be taken to show what the record really is (not to change it). R. S. 1899, sec. 674; State _ex rel. v. St, Louis, 67 Mo. 113; 3 Rice on Evidence, p. 62, sec. 36. (2) At the time informations were filed no jurisdiction attached to try defendant because unverified. State v. Bragg, 63 Mo. App. 27; State v. Sayman, 61 Mo. App. 244; R. S. 1899, sec. 2477. (3) Defendant being a merchant…
1Opinion of the CourtBland, P. J.
On May 1, 1901, the prosecuting attorney of Butler county filed, in the circuit clerk’s office of said county, four informations against the defendant charg*62mg him with four separate violations of the Dramshop Act. At the June, 1901, term of the Butler Circuit Court the issues were made up on the four informations, and by agreement they were all submitted to the court, sitting as a jury, at one time and were all heard at the same time.
The evidence on the part of the State tends to show that defendant sold one half-pint of whiskey at different times and to the several persons named in the…
2Cases cited13 opinions
- Austin v. StateSupreme Court of Missouri · 1847
- State v. HeinzeMissouri Court of Appeals · 1891
- State v. HecklerSupreme Court of Missouri · 1884
- State v. PiperMissouri Court of Appeals · 1890
- State v. KurtzMissouri Court of Appeals · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. GrahamMissouri Court of Appeals · 1959
- State v. Salisbury Ice & Fuel Co.Supreme Court of North Carolina · 1914
- State of Missouri v. MoonMissouri Court of Appeals · 1926
- Missouri v. HamillMissouri Court of Appeals · 1908
- State v. WillsMissouri Court of Appeals · 1911
6 more not listed; retrieve them via the Exa API.