State v. Cornell
Missouri Court of Appeals
Appeal from the Jasper Circuit Coiort. — Hon. M. (4. McQ-regor, Judge. (1). The complaint of R. McDonnell filed with the justice did not allege that the pistol was exhibited in presence of any person or persons. R. S. 1879, sec. 1274, now R. S. 1889, sec. 3502. And hence the complaint did not set forth any offense, and was insufficient to base an information upon. R. S. 1879, sec. 2025, as amended by Sess.
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Appeal from the Jasper Circuit Coiort. — Hon. M. (4. McQ-regor, Judge. (1). The complaint of R. McDonnell filed with the justice did not allege that the pistol was exhibited in presence of any person or persons. R. S. 1879, sec. 1274, now R. S. 1889, sec. 3502. And hence the complaint did not set forth any offense, and was insufficient to base an information upon. R. S. 1879, sec. 2025, as amended by Sess. Acts, 1885, p. 145 ; R. S. 1889, sec. 4329. In charging offenses the same certainty is required in the affidavit that is necessary in the information, and the information must be quashed if…
1Opinion of the CourtEllison, J.
— Defendant was proceeded against by information before a justice of the peace. He was convicted before the circuit court where the case had been taken by appeal. The information and affidavit upon which it was founded was based on section 3502, Revised Statutes, 1889. which ' enacts that: “If any person shall carry concealed upon or about his person any deadly or dangerous weapon, * * * or shall in the presence of one or more persons exhibit any such weapon in a rude, angry or threatening manner,” he shall upon conviction, etc. The affidavit did not state *96that the weapon was exhibited in the…
2Cases cited2 opinions
- State v. GartrellIndiana Supreme Court · 1860
- State v. BeebeIndiana Supreme Court · 1882
3Cited by5 opinions
- State v. WhiteMissouri Court of Appeals · 1893
- State v. LumanMissouri Court of Appeals · 1896
- City of Galt v. ElderMissouri Court of Appeals · 1891
- State v. WhitakerMissouri Court of Appeals · 1898
- State v. SanthuffMissouri Court of Appeals · 1908