Legal Opinion

State v. Hesse

Missouri Court of Appeals

Decided July 5, 1916Published

Appeal from Scotland Circuit Court. — Eon. N. M. Pettingill, Judge. - (1) The information was fatally defective and stated no offense. Sec. 5786, R. S. 1909; State v. Rinkard, 150 Mo. App. 570; State v. Crenshaw, 41 Mo. App. 24; State v. Haden, 15 Mo. 447; State v. Runyan, 26 Mo. 167; Kelley’s Criminal Law (3 Ed.), sec. 193. (2) The court should have set aside the verdict of the jury, and granted defendant a new trial on the grounds of prejudice and passion.

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Appeal from Scotland Circuit Court. — Eon. N. M. Pettingill, Judge. - (1) The information was fatally defective and stated no offense. Sec. 5786, R. S. 1909; State v. Rinkard, 150 Mo. App. 570; State v. Crenshaw, 41 Mo. App. 24; State v. Haden, 15 Mo. 447; State v. Runyan, 26 Mo. 167; Kelley’s Criminal Law (3 Ed.), sec. 193. (2) The court should have set aside the verdict of the jury, and granted defendant a new trial on the grounds of prejudice and passion. State v. Castor, 93 Mo. 242; State v. Primm, 98 Mo. 368; State v. Jaeger, 66 Mo. 173; sec. 2688, R. S. 1899. (3) Because the verdict of…

1Opinion of the CourtReynolds, P. J.

The prosecuting attorney of Scotland county, on March 5, 1913, and during the vacation of the court, exhibited an information against one R. R. Hesse for violation of section 5786, Revised Statutes 1909, as that statute stood prior to the amendment of 1915, charging that Hesse, on or about January 1, 1913, at and in the county of Scotland, State of Missouri, “did wilfully and unlawfully retail, sell and giye away to one Silas Forrester two- grains of cocaine, hydro chlorate of cocaine and salt of cocaine, commonly called cocaine, without then and there having a written prescription from a…

2Cases cited1 opinion

  1. State v. RenkardMissouri Court of Appeals · 1910

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