Legal Opinion

State v. Reynolds

Missouri Court of Appeals

Decided February 3, 1903PublishedCited by 2 opinions

Appeal from Webster Circuit Court. — Ho». Argus Cox, Judge. (1) Defendant interposed an objection to the introduction of any evidence in the cause and alleged as a reason therefor that the information was not sufficient on which to base the prosecution. The sufficiency of the information or indictment can not be raised by an objection ore terns to the introduction of testimony.

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Appeal from Webster Circuit Court. — Ho». Argus Cox, Judge. (1) Defendant interposed an objection to the introduction of any evidence in the cause and alleged as a reason therefor that the information was not sufficient on which to base the prosecution. The sufficiency of the information or indictment can not be raised by an objection ore terns to the introduction of testimony. State v. Meyers, 99 Mo. 107; State v. Duncan, 116 Mo. 296; State v. Risley, 72 Mo. 609. (2) The information is sufficiently specific in form to- charge murder in the-first degree. By it nothing is left to implication.…

1Opinion of the CourtBurgess, J.

On the eleventh day of February, 1902, the prosecuting attorney of Webster county filed in the office of the clerk of the circuit court of said county an information under his official oath, charging that the defendant, J. M. Eeynolds, theretofore at said county, to-wit, on the first day of January, 1902, did feloniously, willfully, deliberately, premeditatedly, and with malice aforethought assault and kill with a Winchester rifle, a dangerous and deadly weapon, one Willis Gale, and charging his two sons, Zeb Eeynolds and Barney Eeynolds, with being accessories before the fact.

At the March…

2Cases cited5 opinions

  1. State v. WelsorSupreme Court of Missouri · 1893
  2. State v. RaySupreme Court of Missouri · 1873
  3. State v. ButlerSupreme Court of Missouri · 1877
  4. State v. RockettSupreme Court of Missouri · 1885
  5. State v. MillerSupreme Court of Missouri · 1898

3Cited by2 opinions

  1. Commonwealth v. HendersonSupreme Court of Pennsylvania · 1913
  2. State v. FinnSupreme Court of Missouri · 1906

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