State v. Adkins
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. Ralph Hughes, Judge. (1) The second amended information upon which defendant was tried and found guilty is fatally defective. It concludes with the words, “against'the peace and dignity of State.” The omission of the word “the” before the word “State” in said conclusion makes the information fatally defective. ' Mo.
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Appeal from Carroll Circuit Court. — Hon. Ralph Hughes, Judge. (1) The second amended information upon which defendant was tried and found guilty is fatally defective. It concludes with the words, “against'the peace and dignity of State.” The omission of the word “the” before the word “State” in said conclusion makes the information fatally defective. ' Mo. Constitution, art. 6, sec. 38; State v. Sldllman, 209 Mo. 408; State v. Campbell, 210 Mo. 202; State v. Wlamer, 220 Mo. 203. * (2) The court erred in giving, over the objections and exceptions of defendant, Instruction 10. This instruction…
1Concurrence
I concur in the opinion of the learned commissioner so far as it holds that the judgment must be reversed and the cause remanded because of an error in the instructions. I am not content, however, to leave untouched in the opinion another matter of which complaint is made.
The information is assailed as fatally defective because it concludes with the words "against the peace and dignity of State," and therefore fails literally to follow the formula prescribed by the Constitution which runs thus: "against the peace and dignity of the State." The omission of the definitive "the" before the word…
2Cases cited12 opinions
- Pacific Railroad v. GovernorSupreme Court of Missouri · 1856
- State v. HaysSupreme Court of Missouri · 1883
- State v. CampbellSupreme Court of Missouri · 1908
- City of Cape Girardeau v. RileySupreme Court of Missouri · 1873
- State v. FosterSupreme Court of Missouri · 1876
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