State v. Gamma
Missouri Court of Appeals
Appeal from Madison Circuit Court. — Son. Chas. A. KillianJudge. (1') The court should have sustained appellants motion to quash said information, as the evidence in support of the same, showed that there was pending and undetermined, an indictment against the appellant, filed October 1,1907, and for the same offense charged in the information. The only way to proceed is by indictment.
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Appeal from Madison Circuit Court. — Son. Chas. A. KillianJudge. (1') The court should have sustained appellants motion to quash said information, as the evidence in support of the same, showed that there was pending and undetermined, an indictment against the appellant, filed October 1,1907, and for the same offense charged in the information. The only way to proceed is by indictment. Sec. 2476, Laws 1901, p. 138. (2) The information does not state facts sufficient to charge the appellant with the commission of any offense against the laws of the State of Missouri. And the information does…
1Opinion of the CourtReynolds, P. J.
This is a prosecution commenced by information filed in the circuit court of Madison county by the attorney of that county against the defendant, for that on or about the 19th day of Septem- ' ber, 1907, the Local Option Law having theretofore been adopted and being then in force and effect in Madison county, he did then and there unlawfully sell to one Gahring, “one pint of ‘Meth,’ the said ‘Meth’ being a beverage containing alcohol,” for a price named, without the defendant then and there having any authority to make said sale, contrary, etc. On a trial and conviction defendant appealed to…
2Cases cited11 opinions
- State ex rel. Ewing v. FrancisSupreme Court of Missouri · 1885
- State v. FulksSupreme Court of Missouri · 1907
- State ex rel. Keshlear v. SloverSupreme Court of Missouri · 1896
- State v. AndrewsSupreme Court of Missouri · 1858
- State v. SmallSupreme Court of Missouri · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jacob Ruppert v. CaffeySupreme Court of the United States · 1920
- State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
- Jay v. O'DonnellIndiana Supreme Court · 1912
- State ex rel. Fahrman v. RossMissouri Court of Appeals · 1912
- People v. ClarkCalifornia Court of Appeal · 1915
6 more not listed; retrieve them via the Exa API.