State v. Grubb
Missouri Court of Appeals
Appeal from, the Dent Circuit Court. — Hon. 0. 0. Bland, Judge. Judge Biggs concurring, Judge Bland not sitting. Under the statute, there are but two ways in which prosecutions may be commenced before a justice of the peace: When the prosecuting attorney has knowledge, information or belief that an offense has been committed; and when he is informed thereof by complaint made and delivered to him or the justice.
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Appeal from, the Dent Circuit Court. — Hon. 0. 0. Bland, Judge. Judge Biggs concurring, Judge Bland not sitting. Under the statute, there are but two ways in which prosecutions may be commenced before a justice of the peace: When the prosecuting attorney has knowledge, information or belief that an offense has been committed; and when he is informed thereof by complaint made and delivered to him or the justice. R. S. 1889, sec. 4329. If the complaint is made by a private person, it must set forth the offense charged. Sec. 4329, supra. If the affidavit appears, or the proceedings show that the…
1Opinion of the CourtBond, J.
On the thirtieth day of May, 1896, the following affidavit was filed before a justice of the peace in Dent county, Missouri:
“State oe Missouri, “County of Dent.
“Before M. Hogle, justice of the peace in Dent county, Missouri.
“David Williams, being duly sworn, upon his oath states that George Grubb, on the sixteenth day of May, 1896, at and in Dent county, Missouri, did then and there unlawfully, willfully and maliciously throw down, and open and pull down a certain fence on the premises and surrounding the land of him, the said David Williams, the property of him the said David Williams, and…
2Cases cited5 opinions
- State v. ShawMissouri Court of Appeals · 1887
- State v. WhiteMissouri Court of Appeals · 1893
- State v. MorseMissouri Court of Appeals · 1893
- State v. SartinMissouri Court of Appeals · 1896
- Donovan v. SalleeMissouri Court of Appeals · 1885
3Cited by1 opinion
- State v. HoffmannMissouri Court of Appeals · 1898