Legal Opinion

State v. Maclay

Missouri Court of Appeals

Decided February 3, 1914Published

Appeal from Washington Circuit Court. — Son. Jesse G. Sheppard, Special Judge. ' The information, following the language of the statute as it does, is sufficient. State v. Batson, 31 Mo. .343; State v. Hays, 110 Mo. App. 440; State v. Gift, 112 Mo. App. 200; Kelley’s Criminal Law and Practice, page 510.

1Opinion of the CourtNortoni, J.

This case originated before a justice of the peace. Defendants were informed against by the prosecuting attorney in that court for maliciously pulling down a wire fence. The case found its way into the circuit court by appeal from the justice, where defendants filed a motion to quash the information, for that it failed to charge an offense against them under our statute. The court sustained this motion .and quashed the information. Prom this judgment the State prosecutes the appeal here.

The information in full is as follows:

“Information for a Misdemeanor.

Before H. P. Kidd, Justice of the…

2Cases cited5 opinions

  1. State v. BatsonSupreme Court of Missouri · 1861
  2. State v. AdamsSupreme Court of Missouri · 1906
  3. State v. GiftMissouri Court of Appeals · 1905
  4. State v. HaysMissouri Court of Appeals · 1905
  5. State v. HowellMissouri Court of Appeals · 1889

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