State v. Moten
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Eon. J. G. Slaie, Judge. (1) The information was bottomed on Sec. 4520, E. S. 1909. It does not state that any human being was in the building or that any goods or other valuable thing was kept or deposited therein. One of these things it is necessary to allege and prove. All the facts necessary to be proved must be clearly and distinctly charged in the .information.
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Appeal from Moniteau Circuit Court. — Eon. J. G. Slaie, Judge. (1) The information was bottomed on Sec. 4520, E. S. 1909. It does not state that any human being was in the building or that any goods or other valuable thing was kept or deposited therein. One of these things it is necessary to allege and prove. All the facts necessary to be proved must be clearly and distinctly charged in the .information. State v. Barbee, 136 Mo. 444; State v. Hayward, 83 Mo. 299; State v. Secrest, 130 Mo. 401; State v. Creen, 111 Mo. 588; State v. Dale, 141 Mo. 289; State v. Fairlamb, 121 Mo. 154; State v.…
1Opinion of the CourtFaris, J.
Defendant, jointly charged with one Joe Short, by information, with the crime of burglary and larceny, took a severance, and upon his trial was found guilty of burglary alone, and his punishment assessed by the jury at imprisonment in the penitentiary for a term of two years. After the conventional procedure he has appealed.
The facts of the case while few and simple, are in no way necessary to an understanding of the legal points involved. But for reasons which will become apparent the information upon which the conviction was had is important. This information, omitting caption and other…
2Cases cited2 opinions
- State v. BurnsSupreme Court of Missouri · 1915
- State v. DoolySupreme Court of Missouri · 1876
3Cited by8 opinions
- State v. TiptonSupreme Court of Missouri · 1925
- United States of America Ex Rel. Ed Eugene Jones v. Elbert v. Nash, Warden, Missouri State PenitentiaryCourt of Appeals for the Eighth Circuit · 1959
- State v. ShieldsSupreme Court of Missouri · 1922
- State v. ThomasSupreme Court of Missouri · 1962
- State v. VandergriffSupreme Court of Missouri · 1966
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