State v. Alford
Missouri Court of Appeals
Appeal from Oregon Circuit Court. — Eon. W. N. Evans, Judge. (1) It is the well-settled law of this State that in this class of cases it is necessary for the information to allege and set out that the place where the alleged offense occurred was then and there set apart for religious worship. State v. Kindrick, 21 Mo. App. 507; State v. Stegall, 65 Mo. App. 243; State y. Fugitt, 66 Mo. App. 625; State y. Ellis, 71 Mo. App. 269; State y.
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Appeal from Oregon Circuit Court. — Eon. W. N. Evans, Judge. (1) It is the well-settled law of this State that in this class of cases it is necessary for the information to allege and set out that the place where the alleged offense occurred was then and there set apart for religious worship. State v. Kindrick, 21 Mo. App. 507; State v. Stegall, 65 Mo. App. 243; State y. Fugitt, 66 Mo. App. 625; State y. Ellis, 71 Mo. App. 269; State y. Schieneman, 64 Mo. 386. (2) This failure to prove , the venue is necessarily fatal to the prosecution, and calls for a reversal of the case. State v. Quaite,…
1Opinion of the CourtGray, J.
A criminal prosecution by information filed by the prosecuting attorney of Oregon county, June 12, 1907, charging the defendants with disturbing the peace of a congregation met for religious worship. The cause was tried at the November term, 1907, of the court, resulting in a conviction, and a fine of $10 against each of the defendants, as the penalty for their alleged offense. The defendants appealed to the St. Louis Court of Appeals and that court, by order legally made, transferred the cause here.
In the trial court, the defendants challenged the sufficiency of the information, and now…
2Cases cited13 opinions
- State v. ShourSupreme Court of Missouri · 1906
- Shaw v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- State v. GordonSupreme Court of Missouri · 1875
- State v. HallSupreme Court of Missouri · 1905
- Patchen v. DurrettMissouri Court of Appeals · 1906
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3Cited by1 opinion
- State v. DunnIdaho Supreme Court · 1927