Legal Opinion

State v. Ballance

Supreme Court of Missouri

Decided December 10, 1907PublishedCited by 6 opinions

Appeal from Maries Circuit Court. — lion. William H. Martin, Judge. (1) The court erred in overruling appellant’s motion in arrest of judgment, for the reason that the information is insufficient to support a judgment of conviction. A careful examination of this information discloses the fact that it nowhere shows or alleges any connection whatever between the assault and the mortal wound which it alleges was inflicted upon deceased.

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Appeal from Maries Circuit Court. — lion. William H. Martin, Judge. (1) The court erred in overruling appellant’s motion in arrest of judgment, for the reason that the information is insufficient to support a judgment of conviction. A careful examination of this information discloses the fact that it nowhere shows or alleges any connection whatever between the assault and the mortal wound which it alleges was inflicted upon deceased. It does not allege that the mortal wound was inflicted by or was the result of the assault. The words “thereby giving” to the said deceased or their legal…

1Opinion of the CourtGantt, J.

— At the October term, 1905, of the circuit court of Maries county, the prosecuting attorney of said county filed the following information in said court:

*610■‘■‘State of Missouri, Plaintiff, v. George W. Ballanee, defendant.

“ Leslie B. Hutchinson, prosecuting attorney within and for the county of Maries and State of Missouri, upon his own knowledge, information and belief and under his oath of office as such prosecuting attorney now here informs the court, that George W. Ballanee, at the county of Maries and State of Missouri, on the 22nd day of September A. D. 1905, in and upon one Jasper…

2Cases cited8 opinions

  1. State v. GartrellMissouri Court of Appeals · 1903
  2. State v. GreenSupreme Court of Missouri · 1892
  3. State v. BirksSupreme Court of Missouri · 1906
  4. State v. BrownSupreme Court of Missouri · 1902
  5. State v. WilliamsSupreme Court of Missouri · 1904

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

3Cited by6 opinions

  1. State v. KenyonSupreme Court of Missouri · 1939
  2. State v. StringerSupreme Court of Missouri · 1948
  3. State v. McCrackenSupreme Court of Missouri · 1937
  4. State v. WarrenSupreme Court of Missouri · 1930
  5. State v. GiesekeSupreme Court of Missouri · 1908

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

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