State v. Humble
Missouri Court of Appeals
Appeal from the Hickory Circuit Court. — Hon. W. I. Wallace, Judge. (1) The information does not charge any offense. (2) The variance between the name of Al. R. Miller, mentioned in the information, and that of A. R. Miller in the letter, is fatal, and proof of letter sent to A. R. Miller will not sustain prosecution for sending to Al. R. Miller. They are not idem sonas. State v. Chamberlain, 75 Mo. 382 ; State v. Fay, 65 Mo. 490 ; State n. Smith, 31 Mo. 121; State n.
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Appeal from the Hickory Circuit Court. — Hon. W. I. Wallace, Judge. (1) The information does not charge any offense. (2) The variance between the name of Al. R. Miller, mentioned in the information, and that of A. R. Miller in the letter, is fatal, and proof of letter sent to A. R. Miller will not sustain prosecution for sending to Al. R. Miller. They are not idem sonas. State v. Chamberlain, 75 Mo. 382 ; State v. Fay, 65 Mo. 490 ; State n. Smith, 31 Mo. 121; State n. English, 67 Mo. 136 ; State v. Curran, 18 Mo. 320 ; Robson v. Thomas, 55 Mo. 581. (3) The offense is statutory and the…
1Opinion of the CourtSmith, P. J.
The defendant was prosecuted and convicted, first before a justice of the peace, and subsequently before the circuit court of Hickory county upon the following information:
“ State of Missouri, County of Hickory — ss.
“ State of Missouri,
vs.
“ Alex. Humble.
In Justice’s Court before M. N. Neihardt, J. P. of Cedar Township.
“Now comes A. W. Brownlee, prosecuting attorney within and for the county of Hickory in the state of Missouri, and makes and files his information in said justice’s court that on or about the first day of July, 1887, at.the said county of Hickory as aforesaid, one Alex. Humble…
2Cases cited7 opinions
- State v. HaywardSupreme Court of Missouri · 1884
- State v. SmithSupreme Court of Missouri · 1883
- State v. KelmSupreme Court of Missouri · 1883
- State v. FaySupreme Court of Missouri · 1877
- State v. ShawMissouri Court of Appeals · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. RansbergerSupreme Court of Missouri · 1891
- State v. RansbergerMissouri Court of Appeals · 1890
- State v. BuckMissouri Court of Appeals · 1891
- State v. HatfieldMissouri Court of Appeals · 1890
- State v. McCarverMissouri Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.