State v. Leidy
Missouri Court of Appeals
Appeal from Andrew Circuit Court. — Eon. Alonzo D. Burnes, Judge. (1) The verification of the information in this cause by William Carson had no meaning in law whatever. He made no complaint as contemplated by section 2749. State v. Sartin, 66 Mo. App. 626. It is therefore apparent that the verification of this information by William Carson added nothing to its validity.
Read the full summary
Appeal from Andrew Circuit Court. — Eon. Alonzo D. Burnes, Judge. (1) The verification of the information in this cause by William Carson had no meaning in law whatever. He made no complaint as contemplated by section 2749. State v. Sartin, 66 Mo. App. 626. It is therefore apparent that the verification of this information by William Carson added nothing to its validity. (2) Section 2778, Revised Statutes 1899, provides under what conditions a private individual shall be responsible for the costs in a criminal case when the defendant is acquitted. (3) Section 2778 provides “that the justice…
1Opinion of the CourtEllison, J.
— The prosecuting attorney of Andrew county filed an information with a justice of the peace against John Leidy, Shell Horn and Charles Thomas for disturbing the peace of William Carson. The information did not purport to be given on the knowledge, information or belief of the prosecuting attorney. It was sworn to by Carson; and the justice entered on his docket that the information 'was made *64by tbe prosecuting attorney and was “based on tbe affidavit of said William Carson.” The defendants were found guilty in tbe justice’s court, but on appeal they were acquitted. No judgment was rendered…
2Cases cited1 opinion
- State ex rel. Smith v. HodgesMissouri Court of Appeals · 1893