State v. Morrison
Missouri Court of Appeals
Appeal from, the Pettis Circuit Court. — Hon. P. D. Hastain, Special Judge. The information charges an offense sufficiently under the statute {State v. Appling, 25 Mo. 315; Kelly’s Criminal Law, section 942) and is good at common law.
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Appeal from, the Pettis Circuit Court. — Hon. P. D. Hastain, Special Judge. The information charges an offense sufficiently under the statute {State v. Appling, 25 Mo. 315; Kelly’s Criminal Law, section 942) and is good at common law. State v. Rose, 32 Mo. 561; State v. Brey, 1 Mo. 180; Blackstone’s Com., book fourth, subdivision 9, original paging, 64 and 65; 2 Cooley’s Blackstone [3 Ed.], top paging 63, book 4, and page 312. (1) An information in a criminal case must be so specific as to state the exact offense of which the defendant is charged, and so individuate the offense as to be a bar…
1Opinion of the CourtSmith, P. J.
The information which was based on section 3798, Revised Statutes, was held insufficient, on motion to quash, and the defendant discharged. The state brings the case here by appeal. The information charges that “the defendant on, etc., at, etc., was then and there unlawfully guilty of open, gross lewdness, and lascivious behavior, and notorious acts of public indecency, grossly scandalous, by then and there lewdly, grossly, and scandalously taking a harlot to a place of public worship, to wit, a church festival, for the purposes of prostitution and then and there soliciting certain members of…
2Cases cited6 opinions
- State v. DavisSupreme Court of Missouri · 1879
- Haynes v. Town of TrentonSupreme Court of Missouri · 1891
- City of St. Louis v. FitzSupreme Court of Missouri · 1873
- State v. GardnerSupreme Court of Missouri · 1859
- Dameron v. StateSupreme Court of Missouri · 1844
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3Cited by2 opinions
- State v. RunziMissouri Court of Appeals · 1904
- City of Trenton v. DevorssMissouri Court of Appeals · 1897