State v. Clinkenbeard
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Hon. Argus Cox, Judge. (1) The demurrer to the information should have been sustained because there is not a sufficient designation of the particular law alleged to have been adopted. State v. Nunley, 185 Mo. 109; State v. Hillman, 128 Mo. App. 174; State v. Hall, 130 Mo.
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Appeal from Barton Circuit Court. — Hon. Argus Cox, Judge. (1) The demurrer to the information should have been sustained because there is not a sufficient designation of the particular law alleged to have been adopted. State v. Nunley, 185 Mo. 109; State v. Hillman, 128 Mo. App. 174; State v. Hall, 130 Mo. App. 174; State v. Fairlamb, 121 Mo. 154; State v. Campbell, 210 Mb. 226. (2) The demurrer to the information should have been sustained because it charges several offenses in the same count. State v. Clawson, 30'Mo. App. 142; State v. Nitch, 79 Mo. App. 102; State v. Murphy, 47 Mo. 275;…
1Opinion of the CourtNixon, P. J.
The prosecuting attorney of Barton county filed an information against the appellant of which the following is the first count, this being the count on which the appellant was convicted (formal parts- omitted) :
“Now at this day comes J. B. McGilvray, prosecuting attorney within and for the county of Barton and State of Missouri, and, for his amended information on his oath informs the court that one Joe Clinkenbeard, the above-named defendant, late of the county and State aforesaid, on or about the 13th day of June, A. D. 1908, at and within the city of Lamar, county of Barton and State of…
Also in this document: Concurrence.
2Cases cited9 opinions
- State v. DonaldsonSupreme Court of Minnesota · 1889
- State v. DuestrowSupreme Court of Missouri · 1897
- State v. HendersonSupreme Court of Missouri · 1905
- State v. FurgersonSupreme Court of Missouri · 1901
- State v. HarrounSupreme Court of Missouri · 1906
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3Cited by3 opinions
- Carroll Perfumers, Inc. v. StateIndiana Supreme Court · 1937
- State v. HicksMissouri Court of Appeals · 1913
- City of Chicago v. MontgomeryAppellate Court of Illinois · 1915