State v. Flannery
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Eon, W. N. Evans, Judge. Before defendant could be charged by information with a felony and be convicted therefor, he was entitled to the security of a preliminary examination before some justice of the peace in the county where the offense is alleged to have been committed.
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Appeal from Howell Circuit Court. — Eon, W. N. Evans, Judge. Before defendant could be charged by information with a felony and be convicted therefor, he was entitled to the security of a preliminary examination before some justice of the peace in the county where the offense is alleged to have been committed. Laws 1913, p. 225. The information charging defendant with a felony and on which defendant was convicted, was unwarranted and without authority of law, and upon the motion of defendant and the evidence introduced in support of such.motion, the information should have been quashed. State…
1ConcurrenceFaris, P. J.
(concurring). — I concur in affirming this case for the reason that I am of opinion that defendant by waiving a preliminary examination waived the error in the complaint as to the name of the person alleged to have been killed by defendant.
The situation presents a case of a technical error; a sort of pit for the feet of the unlearned digged by the Legislature — a pit by the way which has been biennially for years on end, alternately dug by one Legislature and filled up by another.. In passing we recall appreciatively the ingenuousness and candor of defendant’s learned counsel in admitting in…
2Cases cited3 opinions
- State v. AndersonSupreme Court of Missouri · 1913
- Myers v. DeLisleSupreme Court of Missouri · 1914
- Cunningham v. StateIndiana Supreme Court · 1888