State v. Brotzer
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. Arch B. Davis, Judge. (1) The court erred in overruling defendant’s motion to quash the information and demurrer thereto. The information was based on Sec. 1957, R. S. 1899, Sec. 4597, R. S. 1909, making the offense a felony.
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Appeal from Livingston Circuit Court. — Hon. Arch B. Davis, Judge. (1) The court erred in overruling defendant’s motion to quash the information and demurrer thereto. The information was based on Sec. 1957, R. S. 1899, Sec. 4597, R. S. 1909, making the offense a felony. This section was repealed by implication by the original enactment, which is Sec. 1261, R. S. 1899', now Sec. 3336, R. S. 1909, prior to the time that the alleged offenses were charged to have been committed, the latter section having been passed last by the Legislature and making the offense a misdemeanor. St. Louis v.…
1Opinion of the CourtKennish, J.
— At the April term, 1911, of the circuit court of Livingston county, appellant was tried upon an information based upon Sec. 4597, R. S. 1909, charging him with the felony of willfully and maliciously injuring, molesting and destroying the lines and wires of 'the Bedford-Wheeling Telephone Company. He was found guilty, his punishment assessed at a fine of one hundred dollars, and from the judgment entered on the verdict, he has appealed to this court.
The information was in three counts, which were substantially identical, except as to the dates on which the offenses were alleged to have been…
2Cases cited9 opinions
- State v. HaysSupreme Court of Missouri · 1883
- State v. WashingtonSupreme Court of Missouri · 1912
- State v. JacksonSupreme Court of Missouri · 1912
- State v. WhittonSupreme Court of Missouri · 1878
- Town of Kirkwood v. AutenreithMissouri Court of Appeals · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Christie v. StateAlaska Supreme Court · 1978
- State v. OswaldSupreme Court of Missouri · 1957
- State v. RosegrantSupreme Court of Missouri · 1936
- State v. FoleySupreme Court of Missouri · 1913
- Blackburn v. Southwest Missouri RailroadMissouri Court of Appeals · 1914
5 more not listed; retrieve them via the Exa API.