State v. Cornelius
| Decision Date | 01 March 1898 |
| Citation | 143 Mo. 179,44 S.W. 717 |
| Parties | STATE v. CORNELIUS et al. |
| Court | Missouri Supreme Court |
Appeal from St. Louis court of criminal correction; David Murphy, Judge.
Information by the state of Missouri against John Cornelius and others for maintaining a nuisance and keeping a gaming house. From an order quashing the information, the state appeals. Dismissed.
Thos. B. Harvey and Chester H. Krum, for the State. Martin & Bass, for respondents.
This is a proceeding by information by the prosecuting attorney of the St. Louis court of criminal correction against the defendants for maintaining a nuisance and keeping a common gaming house. On motion of defendants, the said information was quashed, and the state has appealed to this court.
The state is restricted in its right of appeal to those cases in which "an indictment is quashed, or adjudged insufficient on demurrer or where judgment thereon is arrested." Rev St. 1889, § 4290. "Indictment" is a technical word, and, when used in the constitution of this state and in our statutes, must be construed as having been used with the meaning attached to it at common law, to wit, an accusation preferred by a grand jury of the county wherein the offense was committed. Ex parte Slater, 72 Mo. 102. "An information," by the prosecuting attorney, also has a well-defined meaning at common law, but differs from an indictment in this: that, whereas the indictment is the accusation of a grand jury, "an information is only the allegation of the officer who exhibits it." 5 Bac. Abr. pp. 167, 170, 172; State v. Kelm, 79 Mo. 515. By limiting the right of appeal from judgments holding indictments insufficient, on motions to quash, on demurrers, and on motions in arrest of judgments, the legislature has denied the right in all other cases, and this court cannot write the word "information" into section 4290. The state can only sue out writs of error in cases in which appeals lie on behalf of the state. Rev. St. 1889, § 4292. We...
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State v. Thayer
...the court may, in its discretion, grant an appeal.' This section (2709) was under consideration in the case of State v. Cornelius (March 1, 1898) 143 Mo. 180, 44 S. W. 717, in a proceeding by information of the prosecuting attorney of the St. Louis court of criminal correction against the d......
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The State v. Thayer
...the defendant. It is the opening section of the article in which section 4292, Revised Statutes 1889, construed by the court in 143 Mo. 179 at 180, 44 S.W. 717, above referred to, occurs. The court is now asked to into this section the word "information." Counsel for appellant, in his brief......
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