State v. Weeks
Missouri Court of Appeals
Appeal from Buchanan County Criminal Court. — Hon. Benjamin J. Oasteel, Judge. (1) The statute requires that the information shall be signed by the prosecuting attorney. R. S. 1899, sec. 2477. (2) If we concede for the sake of argument that Mr. Shultz as assistant prosecuting attorney possessed the power to make and file an information, still that power could be exercised only in the name of his principal.
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Appeal from Buchanan County Criminal Court. — Hon. Benjamin J. Oasteel, Judge. (1) The statute requires that the information shall be signed by the prosecuting attorney. R. S. 1899, sec. 2477. (2) If we concede for the sake of argument that Mr. Shultz as assistant prosecuting attorney possessed the power to make and file an information, still that power could be exercised only in the name of his principal. Eor while the law is otherwise in Michigan.and some other states, it is settled in this state that a deputy must exercise his power in the name of his principal, otherwise his act is not an…
1Opinion of the CourtEllison, J.
The defendant was convicted for taking fish from Lake Contrary in Buchanan county by means of a seine which he had placed and maintained in the lake. The prosecution was begun by the assistant prosecuting attorney for said county and the first question presented is whether such assistant prosecutor can make out and sign, in his own name, an information for a misdemeanor.
By reference to article 2, chapter 75, Revised Statutes 1899, it will be seen that there are different classes of attorneys for the State and different classes of assistants. Eor the city of St. Louis it is provided that there…
2Cases cited3 opinions
- State v. HaleyMissouri Court of Appeals · 1893
- State v. HynesMissouri Court of Appeals · 1890
- State v. DalyMissouri Court of Appeals · 1892
3Cited by2 opinions
- State v. SperitusSupreme Court of Missouri · 1905
- State v. CareySupreme Court of Missouri · 1927