State v. Calvert
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. B. J. Casteel, Special Judge. The information is fatally defective. It does not charge that the' assault was felonious; and what is meant by “seventeen dollars lawful money of the United States, of the value of seventeen dollars ” is too uncertain in an information. It will be noticed that the information is fatally defective in charging robbery by “putting in fear.”
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Appeal from Jackson Criminal Court. — Hon. B. J. Casteel, Special Judge. The information is fatally defective. It does not charge that the' assault was felonious; and what is meant by “seventeen dollars lawful money of the United States, of the value of seventeen dollars ” is too uncertain in an information. It will be noticed that the information is fatally defective in charging robbery by “putting in fear.” State v. Crowell, 149 Mo. 395. The information does not pretend to allege that the property (whatever it was) was taken “in his presence and against his will, by putting him in fear of…
1Opinion of the CourtBurgess, J.
At the September term, 1906, of the criminal court of Jackson,county, the defendant, under an information filed by the prosecuting attorney of said county, was convicted of robbery in the first degree, and his punishment assessed at five years in the penitentiary. After ineffectual motions for new trial and in arrest, the defendant appealed.
The evidence on the part of the State tended to prove that John Weak, the prosecuting witness, was a dairyman, and lived near Kansas City, Missouri. About seven o’clock, on the evening of September 21, 1906, Weak went to a rooming house at No. 1425 Grand…
2Cases cited5 opinions
- State v. BurnettSupreme Court of Missouri · 1883
- State v. CrowellSupreme Court of Missouri · 1899
- State v. FoxSupreme Court of Missouri · 1899
- State v. WilsonSupreme Court of Missouri · 1898
- State v. NagelSupreme Court of Missouri · 1896
3Cited by2 opinions
- State v. ParkerSupreme Court of Missouri · 1914
- State v. ScottSupreme Court of Missouri · 1933