TaiLexi AI U.S. Case Law

State v. Stern

State of Missouri v. George Stern

State v. Stern, 4 Mo. App. 385 (1877)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Missouri Court of Appeals · State Appellate Courts
Decided
October 23, 1877
Judges
Lewis
Citations
4 Mo. App. 3851877 Mo. App. LEXIS 101
Disposition
Judgment reversed and defendant discharged.
Headnotes
An information charging an offence, but not naming the person accused, is a nullity, and a defendant arrested upon a warrant issued under such information, upon his arraignment, is entitled to immediate release; and if his motion for dismissal be overruled, and he is held until a new information is filed, upon which he is convicted, such conviction will be set aside and the defendant discharged.
Summary
Appeal from. St. Louis Court of Criminal Correction.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Lewis

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.

1952: 119522026peak 1952 · 1

Relies on it most ⓘ

  1. State v. Hurley251 S.W.2d 617 (Mo. 1952)

Most recent

  1. State v. Hurley251 S.W.2d 617 (Mo. 1952)

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.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list