State v. Pyles
Supreme Court of Missouri
Appeal from Carter Circuit Court. — How. William N. Evans, Judge. (1) The information, which is accompanied by the affidavit of the prosecuting attorney, is sufficient in form and substance. Kelley’s Crim. Law, sec. 474 Although the information charged murder in the first degree, yet the State had a right, with the permission of the court, to dismiss the greater charg*e and to prosecute defendant for a lesser offense.
Read the full summary
Appeal from Carter Circuit Court. — How. William N. Evans, Judge. (1) The information, which is accompanied by the affidavit of the prosecuting attorney, is sufficient in form and substance. Kelley’s Crim. Law, sec. 474 Although the information charged murder in the first degree, yet the State had a right, with the permission of the court, to dismiss the greater charg*e and to prosecute defendant for a lesser offense. State v. Feeley, 194 Mo. 323; State v. Mosley, 115- Mo. 644. (2) The law is well settled in this State that a defendant can . not sit by and permit a question to be answered,…
1Opinion of the CourtGantt, J.
On the 21st day of August, 1905, the prosecuting attorney of Carter county filed an information, duly verified, charging the defendant with murder in the first degree. The offense was alleged to have been committed on the 20th day of August, 1905, the weapon used was a knife, and the name of the deceased was Alvy Chilton. At. the September term, *6291905, the State elected to prosecute on the charge of murder in the second degree. The defendant waived formal arraignment, pleaded not guilty, was tried and convicted of murder in the second degree; the punishment assessed was ten years in the…
2Cases cited2 opinions
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. HarrisSupreme Court of Missouri · 1906
3Cited by2 opinions
- State v. CastletonSupreme Court of Missouri · 1914
- Hatch v. BaylessMissouri Court of Appeals · 1912