State v. Edelen
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. N. M. Pettingill, Judge. (1) The information in this case was insufficient. State v. Coleman, 186< Mo. 151; State v. Minor, 193 Mo. 597, 604; State v. Atchley, 186 Mo. 197; State v. Dawson, 187 Mo. 601. (a) In its concluding clause the prosecuting attorney does not charge that the information is made “upon his oath.”
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Appeal from Clark Circuit Court. — Hon. N. M. Pettingill, Judge. (1) The information in this case was insufficient. State v. Coleman, 186< Mo. 151; State v. Minor, 193 Mo. 597, 604; State v. Atchley, 186 Mo. 197; State v. Dawson, 187 Mo. 601. (a) In its concluding clause the prosecuting attorney does not charge that the information is made “upon his oath.” (b) An indictment for murder is fatally defective unless it contains a conclusion. 22 Cyc. 243; 14 R. C. L. p. 163, sec. 12; State v. Stacy, 103 Mo. 15; State v. Ulrich, 96 Mu. App; 691; State v. Wilson, 143 Mo. 334; State v. Rector, 126…
1Opinion of the Court
On November 25, 1919, the Prosecuting Attorney of Clark County, Missouri, filed with the clerk of the circuit court, in vacation, an information, which, omitting caption, reads as follows:
"Now comes James H. Talbott, Prosecuting Attorney, within and for the county of Clark, and State of Missouri, basing his information upon the affidavit of one Golda Hoffeditz, herein filed, gives the court to understand and be informedStatement. that one Glen Edelen, on about the 24th day of August, 1919, at and in the county of Clark and State of Missouri, in and upon one Golda Hoffeditz, unlawfully,…
2Cases cited12 opinions
- State v. RutherfordSupreme Court of Missouri · 1899
- State v. ReedSupreme Court of Missouri · 1897
- State v. PfeiferSupreme Court of Missouri · 1916
- State v. McCanonSupreme Court of Missouri · 1872
- State v. RogersSupreme Court of Missouri · 1913
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3Cited by3 opinions
- State v. CreedSupreme Court of Missouri · 1923
- State v. BeishirSupreme Court of Missouri · 1960
- State v. AllenSupreme Court of Missouri · 1921