Smokes v. City of Wilmington

OPINION

CHRISTIE, Judge.

Jessie Smokes was convicted in Municipal Court of being concerned in interest in lottery policy writing. By certiorari to this Court he seeks to have the conviction set aside because the criminal proceedings against the accused were instituted in Municipal Court by an unsigned paper purporting to be an information.

The City concedes that proceedings in Municipal Court must be by information (11 Del.C. § 5701) and that Superior Court Criminal Rule 7(c), Del.C.Ann., which is modeled after the corresponding federal rule, requires informations be signed by the Attorney…