State v. Williams
Supreme Court of Missouri
Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. The court erred in overruling the motion to quash the information and in overruling the demurrer to the information. The information on its face discloses the fact that the same was not filed, nor the defendant charged, for eighteen months after the alleged offense is said to have been committed.
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Appeal from Dent Circuit Court. — Hon. L. B. Woodside, Judge. The court erred in overruling the motion to quash the information and in overruling the demurrer to the information. The information on its face discloses the fact that the same was not filed, nor the defendant charged, for eighteen months after the alleged offense is said to have been committed. Certainly the marking of hogs only of the value of fifteen dollars, as alleged in the information, is nothing more than a misdemeanor. -While it may be said that the punishment for the offense may be such as that prescribed for a felony,…
1Opinion of the CourtBrown, J.
Defendant was convicted of the crime of altering the marks of two hogs, the property of another; and from a judgment fixing his punishment at two years in the penitentiary, appeals.
The information is bottomed on section 1903, Revised Statutes 1899 (now sec. 4541, R. S. 1909), and charges that defendant in the month of March, 1909, feloniously changed and altered the marks of two hogs of the value of fifteen dollars, the property of one Jesse Beasley.
The defendant seeks a reversal of the judgment on the ground that the crime of which he was convicted was at the time of its commission, only a…
2Cases cited5 opinions
- Culver v. People ex rel. KocherspergerIllinois Supreme Court · 1896
- Gaston v. LamkinSupreme Court of Missouri · 1893
- City of St. Louis v. R. J. Gunning Co.Supreme Court of Missouri · 1897
- Newman v. City of North YakimaWashington Supreme Court · 1893
- State v. ZehnderSupreme Court of Missouri · 1910
3Cited by2 opinions
- State v. GanongOregon Supreme Court · 1919
- State Ex Rel. Patterson v. TuckerMissouri Court of Appeals · 1975