State v. Brumley
Missouri Court of Appeals
Appeal from the Greene County Criminal Court. — Hon. M. Oliver, Judge. (1) The information is fatally defective in this, that it is not sufficiently specific to inform the defendant of the nature and cause of the accusation against him. State v. Fare, 39 Mo. App. 110; State v. Hayward, 83 Mo. 299; State v. Clevenger, 20 Mo. App. 626; State v. Schlottmcm, 52 Mo. 164. (2) The cause «hould'have been dismissed.
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Appeal from the Greene County Criminal Court. — Hon. M. Oliver, Judge. (1) The information is fatally defective in this, that it is not sufficiently specific to inform the defendant of the nature and cause of the accusation against him. State v. Fare, 39 Mo. App. 110; State v. Hayward, 83 Mo. 299; State v. Clevenger, 20 Mo. App. 626; State v. Schlottmcm, 52 Mo. 164. (2) The cause «hould'have been dismissed. The filing of defendant’s •affidavit for change of venue divested the jurisdiction ■of the justice. Herryford v. Ins. Co., 42 Mo. 198; Berry v. Railroad, 64 Mo. 533; Staney v. Railroad, 62…
1Opinion of the CourtRombauer, P. J.
— The defendant was convicted of the offense of disturbing the peace of a family, and fined $1. He assigns for errors on this appeal that the court erred in the following particulars: First. In not dismissing the cause for want of jurisdiction. Second. In not quashing the information for insufficiency. Third. In misdirecting the jury in its instructions. Fourth. In not vacating the verdict as unsupported by evidence. We shall dispose of these assignments in the order presented.
I. The information was filed before a justice of the" peace. The defendant before trial filed his affidavit in due…
2Cases cited10 opinions
- State v. HerrellSupreme Court of Missouri · 1888
- State ex rel. Lloyd v. ClaytonMissouri Court of Appeals · 1889
- Colvin v. SixSupreme Court of Missouri · 1883
- McNichols v. NelsonMissouri Court of Appeals · 1891
- State ex rel. Colvin v. SixSupreme Court of Missouri · 1883
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3Cited by5 opinions
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- State v. WebbMissouri Court of Appeals · 1912