State v. Gift
Missouri Court of Appeals
Appeal from. Phelps Circuit Court. — Hon. L. B. Wood-side, Judge. (1) In all charges wherein title to soil, rights of public, etc., are in issue, the place must be set out.
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Appeal from. Phelps Circuit Court. — Hon. L. B. Wood-side, Judge. (1) In all charges wherein title to soil, rights of public, etc., are in issue, the place must be set out. This principle is recognized in the following opinions though the indictments therein are held sufficient on this point, because the locality was sufficiently described: Com. v. Tolman (Mass.), L. R. A., book ...3,^ p. 747; Com. v. Logan, 12 Gray 136; Com. v. Gallagher," 1 Allen 592. (2) Where it is essential to advise the defendant of the precise offense charged, and an averment in the language of the statute is not…
1Opinion of the CourtGoode, J.
Appellant was informed against for tearing down a rail fence belonging to Martha A. Lane and in which appellant had no interest. The prosecution was on section 1958 of the Revised Statutes of 1899. We are asked to hold the information bad because it purports to be founded on the affidavit of an informant but fails to follow the affidavit. The only difference between the two papers is as to the date of the offense, which is stated in the affidavit to have been November 21, 1902, and in the information December 21, 1902. The information refers to the affidavit as an attached paper and charges…
2Cited by1 opinion
- State v. MaclayMissouri Court of Appeals · 1914