Legal Opinion

State v. Watson

Supreme Court of Missouri

Decided February 2, 1909PublishedCited by 36 opinions

Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The information fails to allege facts sufficient to constitute the offense denounced by Sec. 1834, R. S. 1899. No facts are alleged. The only fact alleged in the information is that the automobile operated by defendant struck Christine Musick, and that death resulted from her injuries.

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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) The information fails to allege facts sufficient to constitute the offense denounced by Sec. 1834, R. S. 1899. No facts are alleged. The only fact alleged in the information is that the automobile operated by defendant struck Christine Musick, and that death resulted from her injuries. No specific acts done or omitted by defendant from which culpable negligence could be inferred are alleged in the information. The information should allege specifically the culpable negligence which caused the collision and resulted in…

1Opinion of the Court

FOX J.

This cause is now before this court upon appeal by the defendant from a judgment of conviction of manslaughter in the fourth degree in the circuit court of the city of St. Louis.

On. the 25th day of November, 1907, the assistant circuit attorney of the city of St. Louis filed an information, duly verified, in the circuit court of the said city, charging the defendant with manslaughter of the fourth degree. As the sufficieny of the information is challenged it is well to reproduce it. Omitting formal parts the charge is thus stated:

“Richard M. Johnson, assistant circuit attorney, in and…

2Cited by36 opinions

  1. People v. TownsendMichigan Supreme Court · 1921
  2. Schultz v. StateNebraska Supreme Court · 1911
  3. Luther v. StateIndiana Supreme Court · 1912
  4. Anderson v. RobertsonMissouri Court of Appeals · 1966
  5. People v. MakiMichigan Supreme Court · 1929

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