State v. Moore
Missouri Court of Appeals
Appeal from Knox Circuit Court.— Hon. Charles D. Stewart, Judge. (1) The information in this case, was illegally filed by the prosecuting attorney, because at the time of the filing of same, July 26, 1909, there was then pending in the circuit court of Knox county, Missouri (the same court), and indictment against the defendant for the same offense charged in said information.
Read the full summary
Appeal from Knox Circuit Court.— Hon. Charles D. Stewart, Judge. (1) The information in this case, was illegally filed by the prosecuting attorney, because at the time of the filing of same, July 26, 1909, there was then pending in the circuit court of Knox county, Missouri (the same court), and indictment against the defendant for the same offense charged in said information. State v. Grieseke, 209 Mo. 331; R. S. 1909, section 5055; State v. Harvey, 214 Mo. 403. (2) The information is illegal, because it is not based upon any evidence. State v. Grady, 84 Mo. 222; State v. Cole, 145 Mo. 672;…
1Opinion of the Court
NORTON!, J.
Defendant was convicted of selling intoxicating liquor in violation of the Local Option Law, and prosecutes an appeal from that judgment.
The record is replete with testimony tending to prove that defendant sold whiskey in Knox county to several different persons at the time charged in the Information, and no question is made with respect to the sufficiency of the proof on that score. It appears defendant was indicted by the grand jury on the charge of having sold one-half pint of whiskey for the price and sum of twenty-five cents on the 5th day of November, 1908, in Knox county,…
2Cases cited2 opinions
- State v. DuganSupreme Court of Missouri · 1892
- State v. HenanMissouri Court of Appeals · 1912