State v. Sillbaugh
Supreme Court of Missouri
Appeal from Douglas Circuit Court. — Hon. John T. Moore, Judge. The alleged offense in this case is a felony, and all felonies must be charged to have been feloniously done. In this case the word “feloniously” nowhere appeared in the information till the prosecuting attorney was permitted to insert the word “feloniously, ’ ’ and that after the jury were impaneled. Defendant’s motion in arrest should have been sustained.
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Appeal from Douglas Circuit Court. — Hon. John T. Moore, Judge. The alleged offense in this case is a felony, and all felonies must be charged to have been feloniously done. In this case the word “feloniously” nowhere appeared in the information till the prosecuting attorney was permitted to insert the word “feloniously, ’ ’ and that after the jury were impaneled. Defendant’s motion in arrest should have been sustained. State v. Murdock, 9 Mo. 739; State v. Gilbert, 24 Mo. 380; State V. Deffenbacher, 51 Mo. 26; State v. Mc-Grath, 228 Mo. 413; State v. Buchfelder, 231 Mo. 55. Until this…
1Opinion of the CourtWalker, J.
Defendant was charged in an information filed by the prosecuting attorney of Douglas county with maliciously shooting and wounding hogs as denounced in section 4627, Revised Statutes 1909. Before the trial, the prosecuting attorney was permitted to amend the information by the insertion therein of the.word “feloniously.” The defendant was tried before a jury, found guilty and his punishment assessed at a fine of fifty dollars. After the necessary formal procedure, he appeals to this court.
Briefly, the facts are that certain hogs belonging to the prosecuting witness, named Walker, a neighbor…
2Cases cited9 opinions
- State v. KyleSupreme Court of Missouri · 1901
- State v. MaupinSupreme Court of Missouri · 1906
- State v. VinsoMissouri Court of Appeals · 1903
- State v. PyscherSupreme Court of Missouri · 1903
- State v. BatemanSupreme Court of Missouri · 1906
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3Cited by6 opinions
- State v. AbbottSupreme Court of Missouri · 1952
- State v. RevardSupreme Court of Missouri · 1937
- Arnold v. PrangeMissouri Court of Appeals · 1976
- State v. HallSupreme Court of Missouri · 1926
- Cruse ex rel. Cruse v. Government Employees Insurance Co.Missouri Court of Appeals · 1965
1 more not listed; retrieve them via the Exa API.