State v. Hayward
Supreme Court of Missouri
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
- United States v. CruikshankSupreme Court of the United States · 1876
- United States v. CarllSupreme Court of the United States · 1882
- United States v. CookSupreme Court of the United States · 1872
- United States v. MillsSupreme Court of the United States · 1833
- State v. DavisSupreme Court of Missouri · 1879
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3Cited by49 opinions
- State v. FrazierSupreme Court of Missouri · 1936
- State v. TerrySupreme Court of Missouri · 1891
- Apprendi v. New JerseySupreme Court of the United States · 2000
- State v. BennettSupreme Court of Missouri · 1890
- State v. RosenblattSupreme Court of Missouri · 1904
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