State v. Fleming
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction. — Hon. Willis H. Clark, Judge. (1) Abandonment with criminal intent can only be predicated on a lawful marriage in contradistinction to a marriage at common law (R. S. 1899, sec. 1861). Tbe failure to set out in tbe information tbe name of tbe person to whom this appellant (defendant) was lawfully married is a fatal defect and comes within the rule that an information must allege every fact legally essential to the…
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Appeal from St. Louis Court of Criminal Correction. — Hon. Willis H. Clark, Judge. (1) Abandonment with criminal intent can only be predicated on a lawful marriage in contradistinction to a marriage at common law (R. S. 1899, sec. 1861). Tbe failure to set out in tbe information tbe name of tbe person to whom this appellant (defendant) was lawfully married is a fatal defect and comes within the rule that an information must allege every fact legally essential to the punishment to be inflicted. 1 Bishop Grim. Prac., sec. 81; 1 Chitty’s Crim. Law, 170; Means v. Commonwealth, 2 Grant (Pa.) 385;…
1Opinion of the CourtGoode, J.
This is an appeal from a conviction of defendant for wife abandonment. As tbe only points made for reversal relate to the sufficiency of the information, we set it out, omitting caption:
“Richard M. Johnson, assistant prosecuting attorney, of the St. Louis Court of Criminal Correction, on behalf of the State of Missouri, now here in court, information makes as follows:
“That David C. Fleming, in the city of St. Louis, on the eighteenth day of February, 1901, and on divers other days and times, between that day and the day of the filing of this complaint, unlawfully, willfully, and without good…
2Cases cited2 opinions
- State v. CraigheadSupreme Court of Missouri · 1862
- State v. MillsSupreme Court of Missouri · 1898
3Cited by1 opinion
- State v. McConnellSupreme Court of Missouri · 1912