Legal Opinion

State v. McGuire

Supreme Court of Missouri

Decided January 31, 1906PublishedCited by 7 opinions

Appeal from Audrain Circuit Court. — Ron. Jas. D. Barnett, judge. (1) The amended information does not state facts sufficient to advise appellant of the offense with which he is charged, and does'not state facts sufficient to constitute a public offense, (a) It fails to allege ownership of the chicken-house to be in anyone at the time of the alleged offense. 1 Bish. New Crim. Proc., secs. 408, 410, 4Í2; State v. Seward, 42 Mo. 206; State v. Broeder, 90 Mo.

Read the full summary

Appeal from Audrain Circuit Court. — Ron. Jas. D. Barnett, judge. (1) The amended information does not state facts sufficient to advise appellant of the offense with which he is charged, and does'not state facts sufficient to constitute a public offense, (a) It fails to allege ownership of the chicken-house to be in anyone at the time of the alleged offense. 1 Bish. New Crim. Proc., secs. 408, 410, 4Í2; State v. Seward, 42 Mo. 206; State v. Broeder, 90 Mo. App. 156. (b) It fails to allege and describe any property kept or deposited in tbe chicken-house answering the description of “goods,…

1Opinion of the CourtBurgess, P. J.

— On an information presented by the prosecuting attorney within and for Audrain county, charging the defendant with burglary in the second degree, in burglariously breaking into' and entering a chicken-house, being a building belonging to and the property of another, to-wit, one Lee Stewart, with the intent and purpose to steal certain goods, wares and merchandise and other valuable things kept and deposited therein, defendant was, at the January term, 1905, of the circuit court of said county, convicted of the offense charged, and his punishment fixed at three years’ imprisonment in the…

2Cases cited5 opinions

  1. Culbertson v. HillSupreme Court of Missouri · 1885
  2. State v. TuttSupreme Court of Missouri · 1876
  3. Henderson v. CommonwealthSupreme Court of Virginia · 1900
  4. State v. HenleySupreme Court of Missouri · 1860
  5. State v. HelmsSupreme Court of Missouri · 1904

3Cited by7 opinions

  1. State v. PruntySupreme Court of Missouri · 1918
  2. Sloan v. PeopleSupreme Court of Colorado · 1918
  3. State v. CareySupreme Court of Missouri · 1927
  4. State v. StuverSupreme Court of Missouri · 1962
  5. State v. BurnsSupreme Court of Missouri · 1915

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API