State v. Burton, No. 29557.
| Court | Missouri Supreme Court |
| Writing for the Court | White |
| Citation | 22 S.W.2d 1049 |
| Parties | THE STATE v. CHARLES BURTON, Appellant. |
| Docket Number | No. 29557. |
| Decision Date | 11 December 1929 |
v.
CHARLES BURTON, Appellant.
Appeal from Gentry Circuit Court. — Hon. John M. Dawson, Judge.
AFFIRMED.
C.E. Ernst for appellant.
(1) The information is insufficient in form and substance to charge any offense under the laws of the State. It fails to charge that the act complained of was unlawfully or feloniously committed. Sec. 3812, R.S. 1919. It charges a felony and fails to charge that the act was "feloniously" committed. Sec. 21, Laws 1923, p. 243; State v. Bennett, 248 S.W. 924; State v. Siegel, 265 Mo. 239. The statute upon which the information is based describes an offense for which the defendant, upon conviction, may be punished by imprisonment in the penitentiary. The employment of the word "feloniously" is required to properly charge an offense of this character. State v. Muir, 186 S.W. 1047; State v. Siegel, 265 Mo. 239. The information must fully inform the defendant of the offense of which he stands charged. Sec. 22, Art. II, Constitution of Missouri; Sec. 3908, R.S. 1919; State v. Evans, 128 Mo. 406; State v. Zinger, 302 Mo. 650. The sufficiency of an information may be raised for the first time on appeal. State v. Henschel, 250 Mo. 263. (2) The court erred in overruling defendant's motion to quash the information. State v. Weeks, 77 Mo. 496; State v. Siegel, 265 Mo. 239.
Stratton Shartel, Attorney-General, and A.M. Meyer, Assistant Attorney-General, for respondent.
(1) A charge of felony must contain an allegation that the act charged was "feloniously" done, under the following cases: Jane v. State, 3 Mo. 61; State v. Murdock, 9 Mo. 739; State v. Gilbert, 24 Mo. 380; State v. Deffenbacher, 51 Mo. 26; State v. Clayton, 100 Mo. 516; State v. Hang Tong, 115 Mo. 389; State v. Feazell, 132 Mo. 176; State v. Willard, 219 Mo. 721; State v. Muir, 186 S.W. 1047; State v. McGrath, 228 Mo. 422; State v. Siegel, 265 Mo. 239; State v. Baird, 271 Mo. 13; State v. Hodges, 234 S.W. 790; State v. Bennett, 297 Mo. 190. But see obiter dicta in State v. Cardwell, 312 Mo. 145. The dicta in the Cardwell case were evidently intended to refer only to the effect of the proviso in Section 21 of the 1923 Liquor Act. See opinion in State v. Bennett, 297 Mo. 190. (2) Many technicalities appear to be superfluous, but so long as we retain the distinction between misdemeanors and felonies and the incidents of the two grades of crimes, it seems that the essential record should show upon its face the grade of the crime of which appellant stands convicted.
WHITE, J.
Information was filed in the Circuit Court of Gentry County on June 21, 1928, charging that the defendant did sell and give away hootch, moonshine and corn...
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State ex rel. Powers v. Walker, No. 8389
...done. State v. Klink, 363 Mo. 907, 254 Page 477 S.W.2d 650, 655; State v. Updegraff, Mo., 214 S.W.2d 22; State v. Burton, 324 Mo. 214, 22 S.W.2d 1049; State v. Frazer, 363 Mo. 77, 248 S.W.2d 645, 646; State v. Gentry, 329 Mo. 282, 44 S.W.2d 27, 30; State v. Nienaber, 347 Mo. 615, 148 S.W.2d......
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State v. Updegraff, No. 40970.
...act. The statute condemns the act, though defendant may have thought his act harmless or lawful." State v. Burton, 324 Mo. 214, 217, 22 S.W.2d 1049, 1050; State v. Varnon, 214 S.W.2d 25 Mo. Sup., 174 S.W.2d 146; 42 C.J.S. Indictments and Informations, § 135, pp. 1028-1030. Consequently it w......
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State v. Vonderau, No. 53360
...the general rule, and has held that an indictment in the language of the statute was sufficient. Cf. State v. Burton, 324 Mo. 214, 22 S.W.2d 1049 (1929); State v. Updegraff, Mo.Sup., 214 S.W.2d 22 (1948). However, this Court, in State v. Pryor, 342 Mo. 951, 955, 119 S.W.2d 253, 255 (1938), ......
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State ex rel. Powers v. Walker, No. 8389
...done. State v. Klink, 363 Mo. 907, 254 Page 477 S.W.2d 650, 655; State v. Updegraff, Mo., 214 S.W.2d 22; State v. Burton, 324 Mo. 214, 22 S.W.2d 1049; State v. Frazer, 363 Mo. 77, 248 S.W.2d 645, 646; State v. Gentry, 329 Mo. 282, 44 S.W.2d 27, 30; State v. Nienaber, 347 Mo. 615, 148 S.W.2d......
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State v. Updegraff, No. 40970.
...act. The statute condemns the act, though defendant may have thought his act harmless or lawful." State v. Burton, 324 Mo. 214, 217, 22 S.W.2d 1049, 1050; State v. Varnon, 214 S.W.2d 25 Mo. Sup., 174 S.W.2d 146; 42 C.J.S. Indictments and Informations, § 135, pp. 1028-1030. Consequently it w......
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State v. Vonderau, No. 53360
...the general rule, and has held that an indictment in the language of the statute was sufficient. Cf. State v. Burton, 324 Mo. 214, 22 S.W.2d 1049 (1929); State v. Updegraff, Mo.Sup., 214 S.W.2d 22 (1948). However, this Court, in State v. Pryor, 342 Mo. 951, 955, 119 S.W.2d 253, 255 (1938), ......