State v. Stern
State of Missouri v. George Stern
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Lewis, P. J.,
delivered tbe opinion of the court.
An information was filed in the Court of Criminal Correction, charging the offence of selling, exposing to sale, causing to be sold, etc., certain lottery tickets, but without naming the person accused. A blank space appeared where the name should be. A warrant was issued and served on the defendant, who, upon his arraignment, moved for a dis *386 missal. His motion was overruled, and, upon a new information, filed by the prosecuting attorney, the defendant was tried and convicted.
The first information was a nullity. When the defendant moved for a dismissal, he was entitled to immediate release. The forms of law by which alone the courts are authorized to restrain the liberty of the citizen are, under our institutions, as essential as any considerations of guilt or innocence. The defendant is here entitled to be restored to all that he has lost by the error of the court wherein he was-arraigned. The judgment is reversed and the defendant discharged.
All the judges concur.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Most recent
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.