Legal Opinion · Dissent

State v. Shortell

Missouri Court of Appeals

Decided May 6, 1913Published

Appeal from St. Louis Court of Criminal Correction. —Hon. Calvin M. Miller, Judge. Cause certified to Supreme Court. (1) The information is a mere copy of a statute which does not individuate the offense, and is insufficient under the following authorities: State v. Miner, 233 Mo. 312; State v. Burke, 151 Mo. 142; United States v. Cruickshank, 92 U. S. 542; State v. Meysenhurg, 171 Mo. 25; State v. Krueger, 134 Mo. .262; State v. Watson, 206 Mo. 420; State v. Stowe, 132 Mo.…

Read the full summary

Appeal from St. Louis Court of Criminal Correction. —Hon. Calvin M. Miller, Judge. Cause certified to Supreme Court. (1) The information is a mere copy of a statute which does not individuate the offense, and is insufficient under the following authorities: State v. Miner, 233 Mo. 312; State v. Burke, 151 Mo. 142; United States v. Cruickshank, 92 U. S. 542; State v. Meysenhurg, 171 Mo. 25; State v. Krueger, 134 Mo. .262; State v. Watson, 206 Mo. 420; State v. Stowe, 132 Mo. 190; State v. Fraker, 148 Mo. 143; State v. Barbee, 136 Mo. 440; State v. Pickett, 174 Mo. 668; State v. Cameron, 216…

1Dissent

DISSENTING OPINION.

REYNOLDS, P. J.

I find myself unable to agree to the conclusions arrived at by my esteemed Brother Allen as to the sufficiency of the information in this case. I have expressed my view of a similar information in the case of State v. Maurer, post, p. 175, to which I refer, and think all the points of objection which are raised by my Brother Allen to the present information are disposed of contrary to his contention by the ruling of our Supreme Court in State v. Bockstruck, 136 Mo. 335, 38 S. W. 317, in which an information under this same oleomargarine law, although a…

2Cases cited5 opinions

  1. State v. BockstruckSupreme Court of Missouri · 1896
  2. State v. WilkersonSupreme Court of Missouri · 1902
  3. State v. EdgenSupreme Court of Missouri · 1904
  4. State v. HiltonSupreme Court of Missouri · 1913
  5. State v. CummingsSupreme Court of Missouri · 1913

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API