State v. Balch
Supreme Court of Missouri
Appeal from Osage Circuit Court. — Hon. Wm. A. Davidson, Judge. (1) The information contains a count on each of sections 8142 and 8143, Revised Statutes 1899, and all the members of the partnership were convicted and fined on each count. Was this permissible under the statute? The penalty attaches to the violation of the wnole article, not a part of it. The'statute is directed against the person, firm or corporation, not against the persons composing the firm.
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Appeal from Osage Circuit Court. — Hon. Wm. A. Davidson, Judge. (1) The information contains a count on each of sections 8142 and 8143, Revised Statutes 1899, and all the members of the partnership were convicted and fined on each count. Was this permissible under the statute? The penalty attaches to the violation of the wnole article, not a part of it. The'statute is directed against the person, firm or corporation, not against the persons composing the firm. In support of the defendants ’ position, they cite the following: State ex rel. v. Railroad, 146 Mo. 155; Rozelle v. Harmon, 103 Mo.…
1Opinion of the CourtGantt, P. J.
At the December term of the Osage Circuit Court, 1902, and on the 4th day of said month, the prosecuting attorney filed in said court the following information:
*396“In the Circuit Court, Osage County, Missouri, December term, 1902.
“J. "William Vosholl, prosecuting attorney within and for the county of Osage, in the State of Missouri, under his oath of office and upon his best knowledge,, information and belief, informs the court that on or about the 13th day of June, 1902, at the county of Osage, in the State of Missouri, the firm of H. F. Balch & Co., consisting of H. F. Balch, Leonard F. Motley…
2Cases cited2 opinions
- State v. LoomisSupreme Court of Missouri · 1893
- State v. BonnerSupreme Court of Missouri · 1903
3Cited by4 opinions
- State ex rel. Spriggs v. RobinsonSupreme Court of Missouri · 1913
- State v. SchnettlerSupreme Court of Missouri · 1904
- State v. EckhardtSupreme Court of Missouri · 1910
- Ex parte HeltonMissouri Court of Appeals · 1906