State v. Kentner
Supreme Court of Missouri
Appeal from Holt Circuit Court. — Hoto. Gallatin Craig, Judge. (1) The information is insufficient for the reason that it fails to charge the unlawful intent of the parties therein alleged to have been dealing on margins.
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Appeal from Holt Circuit Court. — Hoto. Gallatin Craig, Judge. (1) The information is insufficient for the reason that it fails to charge the unlawful intent of the parties therein alleged to have been dealing on margins. Section 2339, R. S. 1899. “The indictment must set forth all the ingredients of the offense and charge the defendant directly and,positively with the commission of it.”' Kelley’s Criminal Law, p. 91; State v. Austin, 113 Mo.. 538; State v. Kirby, 115 Mo. 440; State v. Basket, 52 Mo.. App. 389. “When the intent" with which an act is done is a necessary ingredient of the…
1Opinion of the CourtBurgess, J.
On the 11th day of April, 1902,. the prosecuting attorney of Holt county filed with the clerk of the circuit court of said county an information against the defendant Kentner, which is as follows:
“Ivan Blair, prosecuting attorney in and for the county of Holt and State of Missouri, upon his oath of office, informs that the defendant, O. A. Kentner, on or about the 1st day of May, 1901, and on divers other days before and since said 1st day of May, at and in the county of Holt and State of Missouri, did then and there unlawfully keep and cause to be kept a certain office room and place,…
2Cases cited2 opinions
- State v. DavisSupreme Court of Missouri · 1879
- State v. KruegerSupreme Court of Missouri · 1896
3Cited by7 opinions
- State v. BrownMontana Supreme Court · 1909
- State v. MaurerSupreme Court of Missouri · 1914
- State v. ChristopherSupreme Court of Missouri · 1927
- State v. LundrySupreme Court of Missouri · 1950
- State v. MitnickSupreme Court of Missouri · 1936
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