State v. Skillman
Supreme Court of Missouri
Appeal from Bates Circuit Court. — How. Wm. II. Martin, Special Judge. Where the Constitution requires the conclusion “against the peace and dignity of the State,” the omission of the word “the” before “State” in an information is fatal. 10 Am. and Eng. Ency. Law (1 Ed.), 514; Thompson v. State, 15 Tex. App. 168; 15 Tex.
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Appeal from Bates Circuit Court. — How. Wm. II. Martin, Special Judge. Where the Constitution requires the conclusion “against the peace and dignity of the State,” the omission of the word “the” before “State” in an information is fatal. 10 Am. and Eng. Ency. Law (1 Ed.), 514; Thompson v. State, 15 Tex. App. 168; 15 Tex. App. 39; State v. Allen, 8 W. Va. 680. (1) Even where exact literal compliance is not insisted upon, as where words are added, the words of the Constitution will be found required. The conclusion must conform in sense and substance to the requirements of the Constitution, and…
1Opinion of the CourtFox, P. J.
On tbe 17th day of December, 1906, A. B. Ludwick, prosecuting attorney of Bates county, filed an information, duly verified, charging defendant with defiling one Myrtle McCulloch, a female under tbe age of fifteen years, alleged to have been confided to bis care and custody, thus sustaining to him tbe relation of ward. On February 7, 1907, W. B. Dawson having been elected prosecuting attorney, an amended information was filed. This amended information was in two counts. Tbe first count followed tbe former information, except in tbe manner of its conclusion, and tbe second count charged that…
2Cited by8 opinions
- State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
- State v. CampbellSupreme Court of Missouri · 1908
- State v. SkillmanSupreme Court of Missouri · 1910
- State v. GriffinSupreme Court of Missouri · 1913
- State v. WarnerSupreme Court of Missouri · 1909
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