State v. Gardner
| Decision Date | 20 May 1913 |
| Citation | 157 S.W. 84,250 Mo. 426 |
| Parties | THE STATE v. LEO GARDNER, Appellant |
| Court | Missouri Supreme Court |
Appeal from St. Louis City Circuit Court. -- Hon. Wilson A. Taylor, Judge.
Affirmed.
Grant Gillispie for appellant.
John T. Barker, Attorney-General, and Thomas J. Higgs, Assistant Attorney-General, for the State.
Defendant was tried and found guilty in the circuit court of the city of St. Louis, under an indictment charging manslaughter in the fourth degree in that defendant caused the instant death of one Jesse B. Williams by feloniously, carelessly, recklessly, and with culpable negligence, driving an automobile against and upon him. The punishment assessed was a fine of five hundred dollars, and defendant appealed.
Defendant failed to file any bill of exceptions, and we are therefore limited in our review to the record proper. The indictment charges the offense in the same language employed in the information set forth in the opinion in the case of State v. Watson, reported in the 216 Mo., at page 420, 424. In the Watson case the sufficiency of the information is fully discussed, and held to be in proper and sufficient form.
Other portions of the record proper are complete, showing all formal and proper requirements, and the same are free from error.
The judgment is affirmed. Roy, C., concurs.
Per Curiam. -- The foregoing opinion of Williams, C., is adopted as the opinion of the court. All the judges concur.
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State v. Ruffin
...judgment is reversed and the cause remanded. All concur. --------- Notes: [*]State v. Watson 216 Mo. 420, 115 S.W. 1011; State v. Gardner, 250 Mo. 426, 157 S.W. 84; State Horner, 266 Mo. 109, 180 S.W. 873; State v. Miller, 234 S.W. 813; State v. Winkler, 309 Mo. 28, 273 S.W. 1040; State v. ......
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State v. Nichols
...record proper as certified by the Clerk of the Circuit Court of Pettis County. Sec. 4150; R.S.Mo.1939, Mo.R.S.A. § 4150; State v. Gardner, 250 Mo. 426, 157 S.W. 84; State v. Turpin, 332 Mo. 1012, 61 S.W.2d State v. Vinson, 337 Mo. 1023, 87 S.W.2d 637. The information charges that on the 3rd......
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State v. Renfro
... ... his motion in arrest of judgment. The indictment is ... heretofore set out, and is sufficient as to both form and ... substance. Section 3236, R. S. 1919; State v. Winkler (Mo ... Sup.) 273 S.W. 1040; State v. Beckham, 306 Mo. 566, 267 S.W ... 817, 818, 37 A. L. R. 1094; State v. Gardner, 250 Mo. 426, ... 157 S.W. 84; State v. Watson, 216 Mo. loc. cit. 424, 115 S.W ... 1011. See, also, State v. Pike (Mo. Sup.) 278 S.W. 725 handed ... down in this division December 22, 1925; and State v ... Hatcher, 303 Mo. 13, 259 S.W. 467 ... II ... The appellant has ... ...
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