State v. Simpson
Supreme Court of Missouri
Appeal froni Benton Circuit Court. — Hon. Wm. S. Shirk, Judge, The doctrine sought to be established here is simply this: That any citizen may be tried for any offense, no matter how heinous it may be, upon the affidavit of an ex-prosecuting attorney that the paper on which he is tried is, in substance, a copy of an indictment found against him by the grand jury. This affidavit has not even the sanction of an official position or oath.
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Appeal froni Benton Circuit Court. — Hon. Wm. S. Shirk, Judge, The doctrine sought to be established here is simply this: That any citizen may be tried for any offense, no matter how heinous it may be, upon the affidavit of an ex-prosecuting attorney that the paper on which he is tried is, in substance, a copy of an indictment found against him by the grand jury. This affidavit has not even the sanction of an official position or oath. The affidavit, too, is made by a person in nowise responsible for its falsity if untrue, and of a person who is not, by law, the custodian of the indictment…
1Opinion of the CourtHenry, J.
— At a regular term of the Benton circuit court in August, 1874, the defendant was indicted for laboring on Sunday. At the August term, 1875, of said court, the indictment having been lost, the court permitted *649tbe State to supply it by a copy sworn to be a literal copy, by Dee Rees, who was prosecuting attorney when the indictment was prepared. The question is, Can a lost indictment be so supplied? The State relies upon Wag. Stat., section 14, page 1137, which is as follows: “ When any record of judgments or executions, or any orders or .allowances of any probate court or county court, or any…
2Cases cited2 opinions
- Millar v. StateSupreme Court of Kansas · 1863
- State v. AdamsTexas Supreme Court · 1856
3Cited by17 opinions
- State v. RiversSupreme Court of Iowa · 1882
- State v. HarrisonSupreme Court of Missouri · 1955
- State v. McCarverSupreme Court of Missouri · 1906
- State v. BurksSupreme Court of Missouri · 1896
- Roberson v. StateSupreme Court of Florida · 1903
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