State v. Jones
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) The information is not sufficient in that it fails to state that “Drysdale-Ulen Hardware Co.” is a natural or artificial person. State v. Patterson, 159 Mo. 98; Revis v. Lamme, 2 Mo. 207. (2) Defendant has been deprived of his liberty “without probable cause,” supported by oath or affirmation reduced to writing. Constitution 'of Missouri, art. 2, sec. 11; Constitution of United States, fourth amendment.
Read the full summary
Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) The information is not sufficient in that it fails to state that “Drysdale-Ulen Hardware Co.” is a natural or artificial person. State v. Patterson, 159 Mo. 98; Revis v. Lamme, 2 Mo. 207. (2) Defendant has been deprived of his liberty “without probable cause,” supported by oath or affirmation reduced to writing. Constitution 'of Missouri, art. 2, sec. 11; Constitution of United States, fourth amendment. (3) This is a felony case, and the court should have instructed fully, whether or not requested; and this it did not do. R. S.…
1Opinion of the CourtGantt, J.
— On July 29, 1901, the prosecuting attorney of Stoddard county filed an information in the circuit court of said county charging the defendant with burglary and larceny.
The said information omitting the formal parts and affidavit, is in the words following:
“K. C. Spence, prosecuting attorney within and for the county of Stoddard, in the State of Missouri, under his oath of office and upon his information and belief, informs the court that one Aud Jones on or about the 27th day of July,. A. D. 1901, at the county of Stoddard and the State of Missouri, did then and there unlawfully,…
2Cases cited11 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- State v. KyleSupreme Court of Missouri · 1901
- Hodgson v. VermontSupreme Court of the United States · 1897
- State v. HaywardSupreme Court of Missouri · 1884
- Wallace v. PeopleIllinois Supreme Court · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State v. ZammarSupreme Court of Missouri · 1957
- State v. BrownSupreme Court of Missouri · 1904
- State v. DeWittSupreme Court of Missouri · 1905
- State v. GreerSupreme Court of Missouri · 1980
- State v. JamesSupreme Court of Missouri · 1906
20 more not listed; retrieve them via the Exa API.