State v. Privitt
Supreme Court of Missouri
Appeal from Sullivan Circuit Court . — Hon. Jno. P. Butler, Judge. (1) If any fact, word or circumstance which forms a necessary ingredient in, or a material description of, the offense he omitted in the information, such omission vitiates the information, and of such vitiation the defendant may advantage himself by motion in arrest..
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Appeal from Sullivan Circuit Court . — Hon. Jno. P. Butler, Judge. (1) If any fact, word or circumstance which forms a necessary ingredient in, or a material description of, the offense he omitted in the information, such omission vitiates the information, and of such vitiation the defendant may advantage himself by motion in arrest.. State v. Hagan, 164 Mo. 659. It is an ancient rule that in an indictment (or information) nothing.material shall be taken by intendment, or implication. 2 Hawkins P. C., chap. 25, sec. 60. The cardinal principle of pleading in prosecutions for felony is that…
1Opinion of the Court
BURGESS, J. J.
— On the 6th day of January, 1902, there was lodged in the office of the clerk of the circuit court of Sullivan county, by the prosecuting attorney of said county, an information charging the defendant, Newton J. Privitt, with murder in the first degree, in shooting and killing with a double-barrel shotgun, at said county, on the 26th day of November, 1901, one John W. Wolf. Thereafter in April, 1902, defendant Was put upon trial in said court, and convicted of murder in the first degree. He appeals.
There is no dispute as to the facts which lead up to the homicide, which briefly…
2Cases cited19 opinions
- United States v. BallSupreme Court of the United States · 1896
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Dexter v. HallSupreme Court of the United States · 1873
- Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
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3Cited by25 opinions
- State v. HarrisSupreme Court of Missouri · 1958
- Rhea v. StateSupreme Court of Arkansas · 1912
- Schmitt v. PierceSupreme Court of Missouri · 1961
- State v. FlemingIdaho Supreme Court · 1910
- McVeigh v. StateSupreme Court of Florida · 1954
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