Legal Opinion

State v. Henan

Missouri Court of Appeals

Decided February 6, 1912PublishedCited by 2 opinions

Appeal from Knox Circuit Court. — Hon. Charles D. Stewart, Judge. (1) The information in this case, was illegally filed by the prosecuting attorney, because at the time of the filing of same, July 26, 1909, there was then pending in the circuit court of Knox county, Missouri (the same court), an indictment against the defendant for the same offense charged in said information.

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Appeal from Knox Circuit Court. — Hon. Charles D. Stewart, Judge. (1) The information in this case, was illegally filed by the prosecuting attorney, because at the time of the filing of same, July 26, 1909, there was then pending in the circuit court of Knox county, Missouri (the same court), an indictment against the defendant for the same offense charged in said information. R. S. 1909, see. 5055'; State v. Gieseke, 209 Mo. 331; State v. Harvey, 214 Mo. 403. (2) The information'is illegal, because it is not based upon any evidence. State v. Grady, 84 Mo. 222; State v. Cole, 145 Mo. 672;…

1Opinion of the CourtNortoni, J.

Defendant was convicted of selling intoxicating liquors in violation of the Local Option Law, and from that judgment prosecutes the present appeal.

It appears that the grand jury preferred an indictment against defendant, charging him with selling whiskey, in violation of the Local Option Law in Knox county, on the 14th day of November, 1908, notwithstanding which the prosecuting attorney thereafter, in July, 1909, filed an information chárging him with selling whiskey, alcohol, brandy, wine, gin and 'beer on the same day, November 14, 1908.

The record discloses that defendant was duly…

2Cases cited4 opinions

  1. State v. AndrewsSupreme Court of Missouri · 1858
  2. State v. SmallSupreme Court of Missouri · 1860
  3. State v. GammaMissouri Court of Appeals · 1910
  4. State v. FeaganMissouri Court of Appeals · 1897

3Cited by2 opinions

  1. State v. PrivittSupreme Court of Missouri · 1931
  2. State v. MooreMissouri Court of Appeals · 1912

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