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…
1Opinion of the Court
Defendant was charged by information with murder in the first degree for shooting, with a shotgun, and killing, Clete Bachtel, in Carroll County, Missouri, on June 29, 1918. The information was filed September 14, 1919. It is in the usual form, charging defendant with murder in the first degree, except as to the conclusion, which reads as follows: "did kill and murder, against the peace and dignity of State." On October 6, 1919, defendant waived a formal arraignment and entered his plea of not guilty. On October 9, 1919, the jury returned into court the following verdict:
"We, the jury, find…
2Cases cited2 opinions
- State v. RutherfordSupreme Court of Missouri · 1899
- State v. McCanonSupreme Court of Missouri · 1872
3Cited by24 opinions
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Rathjen v. Reorganized School District R-IISupreme Court of Missouri · 1955
- State v. MaloneSupreme Court of Missouri · 1931
- State Ex Rel. Randolph County v. WaldenSupreme Court of Missouri · 1947
- Tracy v. CottrellWest Virginia Supreme Court · 1999
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