State v. Dargatz
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Son. Ralph 8. 'Latshaw, Judge. (1) Defendant should have been arraigned after the amended information was filed. State v. Hoffman, 70 Mo. App. 271; State v. Sovern, 225 Mo. 580; State v. Bloedow, 45 Wis. 279; State ex rel. v. Shields, 230 Mo. 103. The insertion of the word “felonious” before the word “intent” was essential, and if that made an indictment good that otherwise was bad, defendant should thereupon be arraigned.
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Appeal from Jackson Criminal Court. — Son. Ralph 8. 'Latshaw, Judge. (1) Defendant should have been arraigned after the amended information was filed. State v. Hoffman, 70 Mo. App. 271; State v. Sovern, 225 Mo. 580; State v. Bloedow, 45 Wis. 279; State ex rel. v. Shields, 230 Mo. 103. The insertion of the word “felonious” before the word “intent” was essential, and if that made an indictment good that otherwise was bad, defendant should thereupon be arraigned. (2) The information is defective. The words of the statute “unless the same is necessary to preserve her life or that of an unhorn…
1Opinion of the CourtBrown, P. J.
On January 18, 1911, defendant was convicted in the criminal court of Jackson county, of the alleged “felony of abortion,” as denounced by section 4458, Revised Statutes 1909, and' appeals from a judgment of that court fixing his punishment at confinement in jail for one year and a fine of $250.
The following is a summary of the evidence:
On September 12,1910, the defendant was a practicing physician with .an office in Kansas City, Missouri. On that date one William A. Hawkins, desiring a criminal operation performed upon his wife, Marion Hawkins, for the purpose, of destroying pregnancy,…
2Cases cited3 opinions
- State v. HarrounSupreme Court of Missouri · 1906
- State v. ClawsonMissouri Court of Appeals · 1888
- State v. WeylandMissouri Court of Appeals · 1907
3Cited by7 opinions
- State v. DrakeSupreme Court of Missouri · 1957
- State v. DeGroatSupreme Court of Missouri · 1914
- State v. BridgesSupreme Court of Missouri · 1967
- State v. AndersonSupreme Court of Missouri · 1923
- State v. HadleySupreme Court of Missouri · 1963
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