State v. Walker
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) (a) The statute fully individuates the offense and an indictment substantially following its language is sufficient. R. S. 1899, sec. 2179; Laws 1905, sec. 300-9, p. 141; State v. Heibel, 116 Mo. App. 43; State v. Harroun, 199 Mo. 525. (b) In his motion in arrest defendant complains that the information was not signed as J. L. Bess, prosecuting attorney “of Howell county,” but simply as J. L. Bess, “prosecuting attorney.”
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Transferred from St. Louis Court of Appeals. (1) (a) The statute fully individuates the offense and an indictment substantially following its language is sufficient. R. S. 1899, sec. 2179; Laws 1905, sec. 300-9, p. 141; State v. Heibel, 116 Mo. App. 43; State v. Harroun, 199 Mo. 525. (b) In his motion in arrest defendant complains that the information was not signed as J. L. Bess, prosecuting attorney “of Howell county,” but simply as J. L. Bess, “prosecuting attorney.” It is not essential that he should add to his signature the county and State of which he was the prosecuting attorney, as…
1Opinion of the CourtBurgess, J.
In an opinion in the St. Louis Court of Appeals, the judgment of the circuit court in this case was affirmed, and upon motion by the defendant for a rehearing, the motion was overruled and the cause certified to the Supreme Court for final disposition, upon the ground that the decision of the St. Louis Court of Appeals was in conflict with the opinion of the Kansas City Court of Appeals in State of Missouri v. Patrick & Boyd, 65 Mo. App. 653, in which tiiere was a divided court. We have carefully *515read both opinions, and approve and adopt the opinion of the St. Lonis Court of Appeals as being…
2Cases cited6 opinions
- Mullinix v. PeopleIllinois Supreme Court · 1875
- State v. QuinnSupreme Court of Missouri · 1902
- State v. BarnettMissouri Court of Appeals · 1905
- State v. GilsonMissouri Court of Appeals · 1905
- State v. PatrickMissouri Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Ex Parte WilsonSupreme Court of Missouri · 1932
- State v. SeiberlingMissouri Court of Appeals · 1910
- State v. HoldenMissouri Court of Appeals · 1910