State v. Flannery
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Eon, W. N. Evans, Judge. Before defendant could be charged by information with a felony and be convicted therefor, he was entitled to the security of a preliminary examination before some justice of the peace in the county where the offense is alleged to have been committed.
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Appeal from Howell Circuit Court. — Eon, W. N. Evans, Judge. Before defendant could be charged by information with a felony and be convicted therefor, he was entitled to the security of a preliminary examination before some justice of the peace in the county where the offense is alleged to have been committed. Laws 1913, p. 225. The information charging defendant with a felony and on which defendant was convicted, was unwarranted and without authority of law, and upon the motion of defendant and the evidence introduced in support of such.motion, the information should have been quashed. State…
1Opinion of the CourtWaletee, J.
An information filed by the prosecuting attorney of Howell county charged the defendant with murder in the second degree in having struck with his fist and killed Olin McConnell. Upon a trial the defendant was convicted of manslaughter in the fourth degree and sentenced to two years’ imprisonment in the penitentiary. He appealed from this judgment, and applied for and was granted a stay of execution upon giving a bail bond, which was approved by the .trial court.
The defendant and the deceased, both young men, boarded with a family named Summers in West Plains. There were a number of other…
2Cases cited5 opinions
- People v. SmithCalifornia Supreme Court · 1850
- State ex rel. Board of Education v. NastSupreme Court of Missouri · 1908
- State v. SassamanSupreme Court of Missouri · 1908
- Ex parte BedardSupreme Court of Missouri · 1891
- State v. HoeffnerMissouri Court of Appeals · 1891
3Cited by13 opinions
- State v. NealSupreme Court of Missouri · 1943
- State v. BlackMissouri Court of Appeals · 1979
- State v. HolmesMissouri Court of Appeals · 1982
- State v. LaytonSupreme Court of Missouri · 1933
- State v. NicholsSupreme Court of Missouri · 1932
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