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112 Mo. App. 200

State v. Gift

Missouri Court of Appeals

Decided April 4, 1905

Missouri Court of Appeals · decided 1905-04-04

<p>1. CRIMINAL PRACTICE: Information: Discrepancy In Dates. Under section 2535, Revised Statutes of 1899, relating to practice in criminal cases, an information charging one with tearing down a fence in violation of section 1958 of the Revised Statutes, is good after verdict, though it places the offense at a ■ date different from that stated in the affidavit on which the information was based, where it refers to the affidavit as an attached paper and charges an offense based on the very act complained of in the affidavit.</p> <p>2. -: -: Description. Where the information in such case charges the offense in the language of the statute, it is sufficient without describing the land on which the fence stood.</p>

Cited by 1 later decisions — most recently February 1914

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1905-04-04

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GOODE, J.

¶1Appellant was informed against for tearing down a rail fence belonging to Martha A. Lane and in which appellant had no interest. The prosecution was on section 1958 of the Revised Statutes of 1899. We are asked to hold the information bad because it purports to be founded on the affidavit of an informant but fails to follow the affidavit. The only difference between the two papers is as to the date of the offense, which is stated in the affidavit to have been November 21, 1902, and in the information December 21, 1902. The information refers to the affidavit as an attached paper and charges an offense based on the very act of the appellant complained of in the affidavit. The dis*202crepancy in the dates is no cause for quashing the information after verdict. R. S. 1899, sec. 2535. Any date within a year of the filing of the information would sustain a conviction.

¶2The information is said to be fatally defective in failing to describe the land on which the fence stood. The offense was charged' in the language of the statute and is sufficient.

¶3Judgment is affirmed.

All concur.
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