State v. Ferguson
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. Arch A. Johnson, Judge. (1) The court erred in permitting the State to proceed against defendant by information. While the law contemplates a proceeding either by information or indictment, it holds the State to procedure first adopted. In this case defendant was arrested on warrant. A preliminary hearing was had and the evidence of witnesses reduced to writing, although not signed or filed as required by law.
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Appeal from Greene Circuit Court. — Hon. Arch A. Johnson, Judge. (1) The court erred in permitting the State to proceed against defendant by information. While the law contemplates a proceeding either by information or indictment, it holds the State to procedure first adopted. In this case defendant was arrested on warrant. A preliminary hearing was had and the evidence of witnesses reduced to writing, although not signed or filed as required by law. The defendant was committed to jail without bail to await the action of the grand jury. A vacation order was made by the court calling for a…
1Opinion of the CourtWalker, J.
The appellant was charged by information in the circuit court of Greene County with murder in the first degree in having shot and- killed his wife, Clara Ferguson. Upon a trial, he was convicted of murder in the second degree, and his punishment .assessed at ten years’ imprisonment in the penitentiary. From this judgment he appeals.
At the time of the homicide, the appellant was 62 years of age, and his wife was 48 or 49. They had been married 29 years, and six children had been born to them. Prior to September, 1915, the family has resided in Camden County. At this' time, the wife for the…
Also in this document: Per curiam.
2Cases cited17 opinions
- State v. JeffriesSupreme Court of Missouri · 1908
- State v. . ArnoldSupreme Court of North Carolina · 1890
- State v. DavidSupreme Court of Missouri · 1895
- State v. BillingsSupreme Court of Missouri · 1897
- State v. FinkelsteinSupreme Court of Missouri · 1917
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. ShulsSupreme Court of Missouri · 1931
- State v. BrinkleySupreme Court of Missouri · 1945
- State v. TiedtSupreme Court of Missouri · 1950
- State v. SappSupreme Court of Missouri · 1947
- State v. ClarkMissouri Court of Appeals · 1977
17 more not listed; retrieve them via the Exa API.