State v. Simpson
Missouri Court of Appeals
Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) An information cannot be amended so as to charge a different offense from that charged in the original information. State v. Jenkins, 92 Mo. App. 439; State v. Emberton, 45 Mo. App. 56. (2) The disturbance of the peace of a neighborhood, and the disturbance of the peace of an individual, are separate and distinct offenses.
Read the full summary
Appeal from Sullivan Circuit Court. — Hon. John P. Butler, Judge. (1) An information cannot be amended so as to charge a different offense from that charged in the original information. State v. Jenkins, 92 Mo. App. 439; State v. Emberton, 45 Mo. App. 56. (2) The disturbance of the peace of a neighborhood, and the disturbance of the peace of an individual, are separate and distinct offenses. R. S. 1899, sec. 2159; State v. Hughes, 82 Mo. 86. (3) To disturb the peace of the vicinity of a neighborhood is not an offense known to the law. R. S. 1899, sec. 2159. (4) There was no evidence offered…
1Opinion of the CourtJohnson, J.
The prosecuting attorney of Sullivan county filed an information charging the defendants (five in number) with disturbing the peace of a neighborhood. Afterward, an amended information was filed which contains two counts. The charge in the first is substantially the’ same as that made in the original information. In the second, defendants are charged with disturbing the peace of certain designated persons. A severance of the parties defendant was granted, and each trial resulted in the return of a general verdict of guilty.
All of the defendants appealed to the circuit court where, by…
2Cases cited9 opinions
- State v. PittsSupreme Court of Missouri · 1875
- State v. GilmoreSupreme Court of Missouri · 1892
- State v. RansbergerSupreme Court of Missouri · 1891
- State v. RansbergerMissouri Court of Appeals · 1890
- State v. SuttonSupreme Court of Missouri · 1876
4 more not listed; retrieve them via the Exa API.