Section 13.46 Sufficiency—Miscellaneous Requirements

• Library: Criminal Practice 2012 Supp

D. (§13.46) Sufficiency—Miscellaneous Requirements

In a stealing or burglary offense, the indictment must allege the owner, occupier, or possessor, even though that is not an element of the offense, to show that the defendant was not the owner or person in custody. State v. Weicht, 23 S.W.3d 922 (Mo. App. S.D. 2000). In a burglary case, the description of the building is sufficient if the address is stated. State v. Eaton, 504 S.W.2d 12 (Mo. 1973).

Misdemeanor and ordinance informations do not require the same degree of specificity as felony informations, but they must still state with reasonable certainty facts that constitute an offense, and the defendant should not have to guess or speculate as to the meaning of the allegations. State v. Muchnick, 334 S.W.2d 386 (Mo. App. E.D. 1960); Rule 37.35; City of Berkeley v. Stringfellow, 783 S.W.2d 501, 502 (Mo. App. E.D. 1990).

Exceptions to criminal statutes that negate guilt must be alleged if those exceptions constitute a part of the description of the offense. State v. McLemore, 782 S.W.2d 127, 129–30 (Mo. App. E.D. 1989) (conviction under the ordinance requires negation that the weapon involved was both unloaded and secured in a locked container or in its original delivery carton).

2012...