LAWS MOTIONS LINKSSTATE OF
MISSOURI,
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Plaintiff,
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nbsp;
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vs.
) Case No. 398CM1214
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Robin C.
McDermott,
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Defendant
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bsp;
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OBJECTION TO DEFECTIVE INFORMATION
COMES NOW Robin C. McDermott,
defendant, pursuant to Rule 24.04 (b) 2 Missouri Supreme Court Rules and
objects to the information in the above present cause due to the patent
failure of the information to declare with specificity the charge against
which defendant is to defend. The Court is directed to defendant's Motion
to Compel in which, among other items, motion to compel item (5) a Bill
of Particulars which defendant first asked for on 3/30/98, was overruled
on 4/21/98. Defendant is presented with an information and affidavit signed
by Johnny J. Burgess, Assistant Prosecuting Attorney, charging a violation
of Section 565.083 RSMo but does not cite which of the subsections defendant
is alleged to have violated. City of Clinton vs. Kammerick 642 sw 2nd 353,
355 [1]. State of Missouri vs. McGuire 924 SW 2nd 38, 40 [1]. State of
Missouri vs. Jones 892 SW 2nd 737, 740, [6-8].
WHEREFORE, defendant asks this Court cause the dismissal of any further
proceeding against defendant on this patently defective information. Defendant
realizes that the State of Missouri is free to pursue prosecution of defendant
on a valid information.
_____________________
Robin C. McDermott
NOTICE OF HEARING
The foregoing motion will be called before the Court for hearing on Thursday, September 3, 1998 at 9:00 a.m. or as soon thereafter as defendant may be heard.
_____________________________
Robin C. McDermott
CERTIFICATE OF SERVICE
By signature below, I hereby certify that a true and correct copy of the foregoing motion was served upon the Assistant Prosecutor at the Greene County Judicial Building 1010 Boonville Avenue, Springfield, MO 65802, by depositing same for delivery with the United States Postal Service, postage paid, on this 27th day of August 1998.
So certified: _____________________________
Robin C. McDermott
27 August 1998
Associate Circuit Clerk of Greene County
Greene County Judicial Building
1010 Boonville Springfield, MO 65802
Dear Person,
Please find enclosed three copies of Objection to Defective Information and Motion to Correct Information along with Notice of Hearing. Please file stamp these documents and return one to me in the postage paid, addressed envelop provided, and forward one copy to Assistant Prosecuting Attorney Robert G. Asperger, II, as attorney for the State of Missouri. Thank you for your assistance.
Sincerely,
Robin C. McDermott
1601 NorthWaverly Avenue
Springfield, MO 65803
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