State v. Burr
Supreme Court of Missouri
Appeal from Barton Circuit Court.—IIon. J. D. Parkinson, Judge. The information states no cause of action. It does not allege that defendant entered the inclosure without leave of the owner thereof, and that is the very essence of the offense. The terms willfully and maliciously used in the information, apply to a different clause and different offense, and cannot be construed to supply by implication the allegation left out of this information.
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Appeal from Barton Circuit Court.—IIon. J. D. Parkinson, Judge. The information states no cause of action. It does not allege that defendant entered the inclosure without leave of the owner thereof, and that is the very essence of the offense. The terms willfully and maliciously used in the information, apply to a different clause and different offense, and cannot be construed to supply by implication the allegation left out of this information. Moreover, watermelons are not included in the act. The various kinds of plants, bushes and. vines intended to be protected, are specifically…
1Opinion of the Court
Ewing, 0.
This was a proceeding by information, before a justice of the peace, under section 65, 1 Wagner’s Statutes, p. 464. The information charges that the defendant did willfully, maliciously, and unlawfully enter the inclosure of R. I). Chappell, without leave so to do, and did then and there pick, pull off, destroy and carry away a large lot of watermelons, the fruit of certain cultivated vines. A fine of five dollars was assessed against the defendant by a jury in the justice’s court; and again on a new trial in the circuit court, a jury found him guilty, and assessed his punishment at…
2Cases cited2 opinions
- Otto v. BentSupreme Court of Missouri · 1871
- State v. JamesSupreme Court of Missouri · 1876
3Cited by4 opinions
- State v. ClineSupreme Court of Missouri · 1991
- State v. MillerSupreme Court of Missouri · 1887
- State v. MillerMontana Supreme Court · 1923
- State v. ClineSupreme Court of Missouri · 1991