Opinion

State v. Kelly

  • 188 Mo. 450
  • 87 S.W. 451
  • 1905 Mo. LEXIS 36
Court
Supreme Court of Missouri
Filed
May 16, 1905
Status
Published
Author
Fox
On the bench
Burgess, Fox, Gantt
Cited by
0 cases
Authority
More cited than 4.6%

The opinion

FOX, J.

This cause is here hy an appeal from a conviction in the circuit court of the city of St. Louis upon the charge of perjury.

This prosecution was begun upon an information, filed by the circuit attorney of the city of St. Louis, charging the defendant with the offense of perjury. The information was not properly verified as required by section 2477, Revised Statutes 1899, and this failure was called to the attention of the trial court by motion to quash, and later complained of in the motion for new trial and in arrest of judgment.

This information, before trial, could have been amended, but as no steps were taken to amend it, the overruling of the motion to quash was error. [State v. Bonner, 178 Mo. 424 ; State v. Hicks, 178 Mo. 445 ; State v. Schnettler, 181 Mo. 173 ; State v. Brown, 181 Mo. 192 .]

The judgment in this cause is reversed and the cause remanded.

Gantt, J., concurs; Burgess, P. J., absent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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