State v. Larson

The information herein recites that “Mike Larson is accused by the deputy county attorney of Roosevelt county, Montana, by this information of the crime of burglary,” etc., and it is signed, “Erick Mourn, Deputy County Attorney of Roosevelt County.” Defendant was convicted, and has ap pealed from the judgment and from an order denying him a new trial.

1. It is insisted that the deputy county attorney did not have authority to present an information in his own name, that he could act officially only in the name of his principal, and that the information in question is ineffectual for any…