Legal Opinion

State v. Hayward

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 49 opinions

Appeal from Hannibal Court of Common Pleas. — Hon. Theo. Brace, Judge., (1) The information is insufficient in form because-verified only by the oath of a private citizen and not by the oath of the prosecuting attorney. Con. of Mo., art.. 2, § 12; State v. Kelm, 79 Mo. 515; R. S., 1879, §§ 1762, 1764, 2025. (2) The information is defective in substance.

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Appeal from Hannibal Court of Common Pleas. — Hon. Theo. Brace, Judge., (1) The information is insufficient in form because-verified only by the oath of a private citizen and not by the oath of the prosecuting attorney. Con. of Mo., art.. 2, § 12; State v. Kelm, 79 Mo. 515; R. S., 1879, §§ 1762, 1764, 2025. (2) The information is defective in substance. That the information in such a case as this must either set out the language charged to be obscene or aver as a reason for not doing so, that it is too obscene to defile-the records of the court, is settled by an overwhelming weight of…

1Opinion of the CourtSherwood, J.

This prosecution was instituted before N. Dick, recorder and ex-officio justice of the peace,, with whom was filed the following information:

State oe Missorrnp j 1 County of Marion, j *

Before Nathaniel Dick, Recorder of the City of Hannibal and ex-officio Justice of the Peace within and for the City of Hannibal in Mason township, Marion County, Missouri.

State of Missouri, Plaintiff,' against John T. K. Hayward, John - J. Cruikshank, Jr., James Hayward, defendants. J

George A. Mahan, prosecuting attorney of Marion county, Mo., comes and informs the court that on the 31st day of January, 1880,…

2Cases cited16 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. United States v. CarllSupreme Court of the United States · 1882
  3. United States v. CookSupreme Court of the United States · 1872
  4. United States v. MillsSupreme Court of the United States · 1833
  5. State v. DavisSupreme Court of Missouri · 1879

11 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. State v. FrazierSupreme Court of Missouri · 1936
  2. State v. TerrySupreme Court of Missouri · 1891
  3. Apprendi v. New JerseySupreme Court of the United States · 2000
  4. State v. BennettSupreme Court of Missouri · 1890
  5. State v. RosenblattSupreme Court of Missouri · 1904

44 more not listed; retrieve them via the Exa API.

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