State v. Niesman
Missouri Court of Appeals
Appeal from St. Louis Criminal Court. — Hon. . lis H. Ciarle, Judge. (1) The information does not advise defendant of the nature and canse of the accusation. against him. There is no allegation in the amended information describing in any manner, shape Qr form any label of any kind, but simply a printed label pasted to the information and alleged to be genuine. This is bad pleading even in a civil case.
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Appeal from St. Louis Criminal Court. — Hon. . lis H. Ciarle, Judge. (1) The information does not advise defendant of the nature and canse of the accusation. against him. There is no allegation in the amended information describing in any manner, shape Qr form any label of any kind, but simply a printed label pasted to the information and alleged to be genuine. This is bad pleading even in a civil case. State v. Thierauf, 167 Mo. 429. (2) Pasting a fifty-cent postal currency note to an indictment is insufficient. U. S. v. Fisler, 4 Biss. 59. (3) There is no description in the indictment of…
1Opinion of the CourtBland, P. J.
The appeal is from a conviction on the following information (omitting caption and signature) :
“Richard M. Johnson, assistant prosecuting attorney of the St. Louis Court of Criminal Correction, now here in court, on behalf of the State of Missouri, amended information malms as follows:
“That Frederick Niesman, doing business under the firm name of Niesman Cigar Co. in the city of St. Louis, on or about the sixteenth day of November, 1901, did unlawfully, willfully, fraudulently, and knowingly keep for sale, vend and sell to one S. A. Scolari, certain *509goods, wares, merchandise, to-wit: cigars…
2Cases cited4 opinions
- State v. HaywardSupreme Court of Missouri · 1884
- State v. ArmstrongSupreme Court of Missouri · 1891
- State v. ThieraufSupreme Court of Missouri · 1902
- State v. WilliamsSupreme Court of Minnesota · 1884
3Cited by1 opinion
- United States v. GoldsmithCourt of Appeals for the Second Circuit · 1933