State v. Gebhardt
Supreme Court of Missouri
Appeal from. Butler Circuit Court. — Eon. J. C. Sheppard, Judge. (1) The information alleges that the offense was committed on the 11th day of December, 1906, thus charging but -one offense. The time is not laid with a continuando, so as to include other offenses committed after that date, but alleges a day certain, and does not inform the defendant that he is .required to meet any other charge of an offense committed on any other day.
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Appeal from. Butler Circuit Court. — Eon. J. C. Sheppard, Judge. (1) The information alleges that the offense was committed on the 11th day of December, 1906, thus charging but -one offense. The time is not laid with a continuando, so as to include other offenses committed after that date, but alleges a day certain, and does not inform the defendant that he is .required to meet any other charge of an offense committed on any other day. Every traversable fact must be alleged with time. It is usually necessary both at common law and under the statute to state some particular day. 10 Ency.…
1Opinion of the Court
GANTT, P. J. —
This prosecution was commenced by the prosecuting attorney of Butler county filing in the circuit court of said county an information wherein he charged that the defendant on or about the 11th day of December, 1906, at the county of Butler, State of Missouri, being then and there the attorney, agent and collector of one John W. Treece, the said Prank D. Gebhardt not being then and there a person not under the age of sixteen years, then and there by virtue of such employment and office of attorney, agent and collector as aforesaid, did have, receive and take into his possession…
2Cases cited3 opinions
- State v. WiseSupreme Court of Missouri · 1905
- State v. WissingSupreme Court of Missouri · 1905
- State v. ThomsonSupreme Court of Missouri · 1900
3Cited by10 opinions
- State v. DorathySupreme Judicial Court of Maine · 1934
- State v. ZihlavskyLouisiana Court of Appeal · 1987
- State v. StoughSupreme Court of Missouri · 1928
- State v. AdamsSupreme Court of Missouri · 1927
- State v. LomaxSupreme Court of Missouri · 1929
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