State v. Leonard
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court . — Hon. O’Neill By an, Judge. (1) Persons accused of crime still have the right to be informed of the nature of the charge against them in clear, consistent and unambiguous averments, notwithstanding any statutes to the contrary.
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Appeal from St. Louis City Circuit Court . — Hon. O’Neill By an, Judge. (1) Persons accused of crime still have the right to be informed of the nature of the charge against them in clear, consistent and unambiguous averments, notwithstanding any statutes to the contrary. State v. Ferry, 109 Mo. 601; State v. Evans, 128 Mo. 406; State v. Furgerson, 152 Mo. 92. Some allegations when not material or necessary to the charge may be rejected as surplusage; and some authorities hold (though the great bulk are to the contrary) that where an instrument is set out in haec verba, an allegation of the…
1Opinion of the CourtFox, J.
The appellant in this case was indicted in pursuance of section 2012, Revised Statutes 1899, charged with having in his possession a forged railroad ticket. His trial upon this indictment resulted in a conviction and punishment assessed at imprisonment in the county jail for six months. Numerous errors are complained of and earnestly urged as causes for reversal of that judgment.
It is not necessary to a full understanding of the questions presented to copy the indictment. The ticket charged to have been forged is such a puzzle that a copy of it, in this opinion, would not add any light to the…
2Cited by10 opinions
- State Bank of Poplar Bluff v. Maryland Casualty CompanyCourt of Appeals for the Eighth Circuit · 1961
- State v. WellmanSupreme Court of Missouri · 1913
- State v. NewmanNew Mexico Supreme Court · 1923
- State v. MurrayNevada Supreme Court · 1950
- State v. MimsOregon Supreme Court · 1963
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