State v. Standifer
Supreme Court of Missouri
Appeal from Franldin Circuit Court. — Row. B. 8. Ryors, Judge. (1) The trial court committed error in permitting the State to amend the information in matter of substance on the trial. That a prosecuting attorney had the right, both at common law and under our Statute of Jeofails, to amend his information in matter of form or substance at any time, by leave of court, before the trial, is here conceded.
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Appeal from Franldin Circuit Court. — Row. B. 8. Ryors, Judge. (1) The trial court committed error in permitting the State to amend the information in matter of substance on the trial. That a prosecuting attorney had the right, both at common law and under our Statute of Jeofails, to amend his information in matter of form or substance at any time, by leave of court, before the trial, is here conceded. But his right to amend after trial in matter of substance, su,ch as was done in the case at bar, against the objection of defendant, even with leave of court, was prejudicial error. E. S. 1899,…
1Opinion of the CourtFox, P. J.
This, cause is brought to this court by appeal on the part of the defendant from a judgment of the circuit court of Franklin county convicting him of the offense of forgery in the fourth degree, for selling, exchanging and delivering a falsely made, forged and counterfeit note for $200:
On the 8th day of January, 1907, the prosecuting attorney of Franklin county filed an amended information, in two counts. The first count charged the defendant with having in his possession a certain falsely made, altered, forged and counterfeit note for $200 on the Bank of Sullivan in Franklin county. The…
2Cases cited4 opinions
- State v. WareSupreme Court of Missouri · 1876
- State v. WatsonSupreme Court of Missouri · 1877
- State v. WebsterSupreme Court of Missouri · 1899
- State v. HesseltineSupreme Court of Missouri · 1895
3Cited by2 opinions
- State v. SharplessSupreme Court of Missouri · 1908
- State v. ChissellSupreme Court of Missouri · 1912