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eBook details

• Title: State Missouri v. Eddie Crouch
• Author : Supreme Court of Missouri Division 2
• Release Date : January 12, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

These two cases are prosecutions for the possession of burglary tools contrary to the provisions of § 560.115, RSMo
1959, V.A.M.S. On defendants' motions, the circuit court quashed the information filed in each case and discharged the defendants.
The state appealed and has filed a brief in this court, but there is no brief on behalf of the defendants. On motion of the
state, the appeals were consolidated. Since the cases are identical, a reference to a pleading or proceeding in one of the
cases will include and apply as well to the other. The essential question is the sufficiency of the informations filed in
the circuit court and the propriety of the ruling quashing them and discharging the defendants. Motions to quash have been abolished by S. Ct. Rule 25.05, but a motion so designated may be treated as a motion to dismiss.
S. Ct. Rule 25.06; State v. Atkinson, Mo., 285 S.W.2d 563, 566[2]. Since the information was adJudged insufficient on a motion
prior to judgment, the state is entitled to appeal. Sections 547.200 and 547.210; S. Ct. Rule 28.04.

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