Legal Opinion

State v. Sherman

Missouri Court of Appeals

Decided May 17, 1909PublishedCited by 5 opinions

Appeal from Jasper Circuit Court. — Hon. Hoioard Gray, Judge. (1) The information on file in this case and under which the defendant was convicted is under section 3018, Revised Statutes 1899, leveled at dramshop keepers to prohibit gaming and gaming tables, etc.

Read the full summary

Appeal from Jasper Circuit Court. — Hon. Hoioard Gray, Judge. (1) The information on file in this case and under which the defendant was convicted is under section 3018, Revised Statutes 1899, leveled at dramshop keepers to prohibit gaming and gaming tables, etc. The language used in the information is so indefinite and uncertain, and the several charges óf the different offenses being so repugnant to each other, it becomes ineffective as a charge of any offense under the law against the defendant, and is an attempt to charge several different offenses in one count, and is a misuse of the…

1Opinion of the CourtJohnson, J.

— On information of the prosecuting attorney of Jasper county, defendant was arrested, tried and convicted on the charge of a violation of section 3018, Revised Statutes 1899. The first point for a reversal of the judgment advanced by defendant who brought the case here by appeal was made for the first time in the trial court in his motion in arrest of judg*72ment. The point is that the information “fails to charge the defendant with any offense against the laws of the State of Missouri.” The information is as follows: “H. O. Compton, prosecuting attorney within and for the county of Jasper and…

2Cases cited5 opinions

  1. State v. FoxSupreme Court of Missouri · 1899
  2. State v. LawrenceSupreme Court of Missouri · 1903
  3. State v. EtchmanSupreme Court of Missouri · 1904
  4. State v. BarnettMissouri Court of Appeals · 1905
  5. State v. NitchMissouri Court of Appeals · 1899

3Cited by5 opinions

  1. State v. Mangiaracina.Supreme Court of Missouri · 1939
  2. State v. ThomasSupreme Court of Missouri · 1962
  3. State v. HicksMissouri Court of Appeals · 1913
  4. People v. LinkAppellate Court of Illinois · 1935
  5. State v. HallMissouri Court of Appeals · 1911

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API