State v. Myer
Supreme Court of Missouri
Appeal from Jackson Criminal Conrt. — Hon. E. E. Porterfield-, Jndge. (1) The information is fatally defective for the reason that there is no allegation of ownership of the storeroom or building to which the fire was alleged to have been set and upon which the attempt to burn was alleged to have been made. State v. Wacker, 16 Mo.
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Appeal from Jackson Criminal Conrt. — Hon. E. E. Porterfield-, Jndge. (1) The information is fatally defective for the reason that there is no allegation of ownership of the storeroom or building to which the fire was alleged to have been set and upon which the attempt to burn was alleged to have been made. State v. Wacker, 16 Mo. App. 417; State v. Whitmore, 147 Mo. 78; State v. Jones, 106 Mo. 311; State v. Kelly, 206 Mo. 685; Kelley’s Criminal Law and Practice (2 Ed.), 400; 2 Bishop’s New Criminal Procedure (4 Ed.), sec. 36, p. 18. (2) The information is fatally defective for the reasin…
1Opinion of the CourtWalker, P. J.
In April, 1913, appellant was convicted in the circuit court of Jackson county, of arson in the second degree, in having set fire to a storehouse adjoining a certain inhabited dwelling house, and his punishment assessed at three years’ imprisonment in the penitentiary. Pending this appeal appellant is under recognizance.
Omitting the formal parts and signature of the prosecuting attorney, the information is as follows: “that Harry Myer, whose Christian name in full is unknown to said assistant prosecuting attorney, late of the county'aforesaid, on the 6th day of July, 1912, at the county of…
2Cases cited12 opinions
- State v. HaydenSupreme Court of Iowa · 1876
- State v. JonesSupreme Court of Missouri · 1891
- State v. HayesSupreme Court of Missouri · 1883
- State v. MartinSupreme Court of Missouri · 1910
- State v. FlandersSupreme Court of Missouri · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. PiersonSupreme Court of Missouri · 1938
- People v. SchwarzCalifornia Court of Appeal · 1926
- State v. BerkowitzSupreme Court of Missouri · 1930
- Johnson v. Ambursen Hydraulic Construction Co.Missouri Court of Appeals · 1915
- State v. LansfordSupreme Court of Missouri · 1980
6 more not listed; retrieve them via the Exa API.