State v. Boggess
Missouri Court of Appeals
'Writ of Error to Lawrence Circuit Court. — Hon. Henry G. Pepper, Judge. There is no question but that the information herein is based upon the complaint of Dell Beason. The complaint is not dismissed, but on the contrary accompanies the information into the record and is in terms referred to in the information as the-basis of the charge. The complaint being fatally defective, the information should have been quashed.
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'Writ of Error to Lawrence Circuit Court. — Hon. Henry G. Pepper, Judge. There is no question but that the information herein is based upon the complaint of Dell Beason. The complaint is not dismissed, but on the contrary accompanies the information into the record and is in terms referred to in the information as the-basis of the charge. The complaint being fatally defective, the information should have been quashed. Where the complaint is insufficient, it should be amended or the information should affirmatively show that it was not based on the complaint. State v. Whitaker, 75 Mo. App.…
1Opinion of the CourtBland, P. J.
Boggess was informed against by the prosecuting attorney of Lawrence county, for a violation of *634the Dramshop Act, for selling intoxicating liquors as a merchant, contrary to law, and also for selling the same article as a„ druggist; contrary to the drug law. The several charges were by separate counts in the same information. The prosecution was begun before a justice of the peace, and the information was based on the following affidavit: •
“Dell Beason, being duly sworn on his oath states that on the thirty-first day of August, 189Y, at said county of Lawrence, the said J. W. Boggess, M. E.…
2Cases cited6 opinions
- State v. RansbergerSupreme Court of Missouri · 1891
- State v. PruettMissouri Court of Appeals · 1895
- State v. WittyMissouri Court of Appeals · 1898
- State v. AlexanderMissouri Court of Appeals · 1898
- State v. GoffMissouri Court of Appeals · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. WeylandMissouri Court of Appeals · 1907
- State v. EssmanMissouri Court of Appeals · 1905