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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ladeas v. Carter, 845 S.W.2d 45 (1992)

Citation
Ladeas v. Carter, 845 S.W.2d 45 (1992)
Parent Document
Ladeas v. Carter, 845 S.W.2d 45 (1992)
Jurisdiction
Missouri (state)
Effective Date
1992-12-15

Other Sections in This Document (82)

Full Text

736 chars
b. It is not material that the official or tribunal before whom the proceeding is brought has no jurisdiction over it, so that it is in fact not a legal proceeding. Nor is it important the process, indictment or information with which the proceeding is instituted lacks essential particulars or for that reason is ineffective, or even that it does not succeed in charging any offense known to the criminal law. So long as the proceeding is instituted for the purpose of charging a crime and inflicting a penalty, the accused is not to be turned away with the consoling assurance that he never really was prosecuted at all; and a prosecution is still a prosecution although it is successfully defended upon the law rather than the facts.