264 Mo. 416 | Mo. | 1915
Upon an information purporting to charge him with the crime of murder in the first
“If the design of our Legislature had been to change the entire system of criminal pleading, they undoubtedly would have supplied a substitute for the one abolished. They have done so in civil proceedings, but in criminal proceedings changes, when made, have been specific. The ancient forms of proceedings have been retained, with specific modifications; and it is only from the clause we are now called upon to construe that any inference can be drawn of a design on the part of the Legislature to abolish the entire system of criminal pleading. To give so liberal and latitudinous a construction to this clause, would undoubtedly destroy many if not all of the forms which have been hitherto observed. It would be, in truth, to put civil and criminal proceedings on the same footing, and allow the prosecution to make, as in civil proceedings, ‘a plain and concise statement of the fact’ constituting the offense, without regard to mere technical phrases and forms.
“The court does not feel warranted in giving such a construction to an isolated clause of a statute, the general tenor of which is sufficient to show that no such
It therefore follows that by reason of the defective information the judgment must be reversed and the cause remanded. It is so ordered.
PER CURIAM. — -The foregoing opinion of Williams, 0., is adopted as the opinion of the court.