State v. Emberton
Missouri Court of Appeals
Appeal from the Sullivan Circuit Court.— Hon. Gr. D. Burgess, Judge. (1) The original information charged an offense known to the law, and was sufficient in form. Laws, 1887, p. 179, et seq.; State v. Searcy, 39 Mo. App. 393 ; State v. Hutton, 39 Mo. App. 410. (2) An information may be amended in matter of form or substance at any time by leave of court before trial.
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Appeal from the Sullivan Circuit Court.— Hon. Gr. D. Burgess, Judge. (1) The original information charged an offense known to the law, and was sufficient in form. Laws, 1887, p. 179, et seq.; State v. Searcy, 39 Mo. App. 393 ; State v. Hutton, 39 Mo. App. 410. (2) An information may be amended in matter of form or substance at any time by leave of court before trial. R. S. 1879, sec. 1766. (3) The amended information charged an offense in the language of the statute, and was sufficient. R. S. 1879, secs. 5437, 5449 ; State v. Rogers, 39 Mo. 431; State v. Rosam, 61 Mo. 82; State v. Jacques, 68…
1Opinion of the CourtEllison, J.
— The defendant was arrested under an information charging him with a violation of the local-option law, chapter 56, Revised Statutes, 1889, in Sullivan county. The prosecuting attorney filed an amended information charging a violation of the dram-shop law in selling liquor in less quantity than one gallon without having a license therefor. This amended information was, on motion of defendant’s attorney, quashed, and the state appeals, presenting such action as the sole complaint.
We will sustain the ruling of the circuit court. The offense charged in the amended information is not the offense…
2Cited by5 opinions
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