State v. Buck
Missouri Court of Appeals
Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The information is bad because it is not based upon the personal knowledge of the prosecuting attorney, and the information is not based upon the affidavit of any person having personal knowledge of the alleged offense. State v. Willcson, 36 Mo. App. 373, and cases cited.
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Appeal from the Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) The information is bad because it is not based upon the personal knowledge of the prosecuting attorney, and the information is not based upon the affidavit of any person having personal knowledge of the alleged offense. State v. Willcson, 36 Mo. App. 373, and cases cited. (2) The information is drawn under section 1590, Revised Statutes, 1879, and must set out the language used, and show upon its face whether the words were spoken of a single or married female; this the information does not show, and is therefore bad.…
1Opinion of the CourtThompson, J.
This was a criminal information commenced before a justice of the peace, under section 1590 of the Revised Statutes, 1879 (R. S. 1889, sec. 3868), for speaking concerning a certain female certain false and slanderous words. The case was appealed to the circuit court, where the defendant was convicted, *445the jury assessing his punishment at nine months’ imprisonment in the county jail.
The information was as follows :
“ State of Missouri,
*l Charles Buck.
Before Walter McQuie, Justice of the Peace, Upper Loutre township, Montgomery county, Missouri.
“Sol. Hughlett, prosecuting attorney for and within…
2Cases cited9 opinions
- State v. HaywardSupreme Court of Missouri · 1884
- State v. WilksonMissouri Court of Appeals · 1889
- State v. FareMissouri Court of Appeals · 1890
- State v. ParkerMissouri Court of Appeals · 1890
- State v. BachMissouri Court of Appeals · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. RansbergerSupreme Court of Missouri · 1891
- State v. JohnsonNorth Dakota Supreme Court · 1929
- State v. HaleyMissouri Court of Appeals · 1893
- State v. McCarverMissouri Court of Appeals · 1892
- State v. BrownMissouri Court of Appeals · 1969
4 more not listed; retrieve them via the Exa API.