State v. Adams
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. Robert M. Foster, Judge. The question to he answed is whether or not, under the circumstances in this case, the State has a right to appeal the prosecution herein by information.
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Appeal from St. Louis City Circuit Court. — How. Robert M. Foster, Judge. The question to he answed is whether or not, under the circumstances in this case, the State has a right to appeal the prosecution herein by information. Under the decision of the Supreme Court in the cases of State v. Beagles, 174 Mo. 624, and State v. Rozelle, 174 Mo. 632, and cases cited, no appeal can be taken by the State on á judgment sustaining a demurrer to an information, for the reason that section 2709, Revised Statutes 1899, applies to indictments only. It seems, however, that at the time the Beagles and…
1Opinion of the Court
FOX, X
— This cause is here upon appeal by the State from a judgment upon a demurrer which was sustained, to the information filed in this cause by the circuit attorney.
On the 15th of March, 1905, the circuit attorney of the city of St. Louis filed in the circuit court of said city, against the defendant, an information, omitting formal parts, as follows:
“Arthur N. Sager, circuit attorney within and for the city of St. Louis (said city of St. Louis being the Eighth Judicial Circuit of the State of Missouri), now here in court on behalf of the State of Missouri, and on his official oath,…
2Cases cited6 opinions
- State v. ClipperSupreme Court of Missouri · 1898
- State v. CarrSupreme Court of Missouri · 1898
- State v. CorneliusSupreme Court of Missouri · 1898
- State v. BeaglesSupreme Court of Missouri · 1903
- State v. Van BruntSupreme Court of Missouri · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. RossMissouri Court of Appeals · 1906
- State v. MaclayMissouri Court of Appeals · 1914
- State v. WilksonMissouri Court of Appeals · 1909