State v. Kelley
Supreme Court of Missouri
Appeal from Polk Circuit Court. — Now. Asbury Burk-head, Judge. (1) An initial is no name. The motion to quash, should have been sustained. The information must be presented by the prosecuting attorney, and this means in the name by which he was elected, commissioned and qualified.
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Appeal from Polk Circuit Court. — Now. Asbury Burk-head, Judge. (1) An initial is no name. The motion to quash, should have been sustained. The information must be presented by the prosecuting attorney, and this means in the name by which he was elected, commissioned and qualified. E. S. 1899, sec. 2477; Skelton v. Sackett, 91 Mo. 379; Martin v. Barron, 37 Mo. 301; 1 Bishop on Criminal Procedure (1 Ed.), secs. 119 and 120; State v. Martin, 10 Mo. 391; State v. Wall, 39 Mo. 534. (2) Defendant’s motion to strike out the pretended evidence as to flight should have been sustained. (1) There is no…
1Opinion of the CourtGantt, J.
On April 28, 1904, the prosecuting attorney of Polk county filed an information in the circuit court, charging defendant with having carnal knowledge of Blanch E. Long, an unmarried female of previous chaste character, between the ages of fourteen and eighteen years. The alleged criminal act occurred on January 15, 1903; the information was duly sworn to by the prosecuting attorney. After a plea of not guilty, defendant filed an affidavit asking for a change of venue on account of prejudice of Hon. Argus Cox. The application was granted, and Hon. Asbury Burkhead, judge of the thirty-first…
2Cases cited5 opinions
- State v. DeWittSupreme Court of Missouri · 1905
- Skelton v. SackettSupreme Court of Missouri · 1886
- State v. SibleySupreme Court of Missouri · 1895
- Mosely v. ReilySupreme Court of Missouri · 1894
- State v. BrockSupreme Court of Missouri · 1905
3Cited by9 opinions
- Barker v. StateIndiana Supreme Court · 1918
- Norman v. StateCourt of Criminal Appeals of Texas · 1921
- City of Kansas City v. NarronMissouri Court of Appeals · 1973
- State v. WalkerSupreme Court of Missouri · 1948
- State v. TaylorSupreme Court of Missouri · 1916
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