State v. Kyle
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. Jas. H. Hazdl, Judge. (1) The information was not verified by the oath of the prosecuting attorney; neither was it verified by the oath of some person competent to testify as a witness in the case; neither was it supported by the affidavit of such person; neither has any such affidavit been filed with said information.
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Appeal from Moniteau Circuit Court. — Hon. Jas. H. Hazdl, Judge. (1) The information was not verified by the oath of the prosecuting attorney; neither was it verified by the oath of some person competent to testify as a witness in the case; neither was it supported by the affidavit of such person; neither has any such affidavit been filed with said information. R. S. 1899, sec. 2477. The form of the affidavit required to be made by the prosecuting attorney will be found in section 2479, Revised Statutes 1899. The only difference between the affidavit to be made by a private person and that…
1Opinion of the Court
BURGESS, O. J.
Defendant was convicted in the circuit court of Moniteau county of robbery in the first degree and his punishment fixed at five years’ imprisonment in the penitentiary, under an information filed by the prosecuting attorney of said county in the office of clerk of the circuit court in vacation. He appeals.
On the evening of November 15, 1900, M. L. Moad, a farmer residing in said county, made his appearance in California very much under the influence of liquor, and with thirteen dollars and sixty-five cents in his pocketbook made his way into the barn of Mr. Swillum which was in…
2Cases cited22 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Ex Parte WilsonSupreme Court of the United States · 1885
- Duncan v. MissouriSupreme Court of the United States · 1894
- Willis v. MabonSupreme Court of Minnesota · 1892
- Hickman v. City of KansasSupreme Court of Missouri · 1894
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3Cited by65 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
- Christopher J. Godfrey v. State of Iowa Terry Branstad, Governor of the State of Iowa, Individually and in His Official Capacity Kimberly Reynolds, Lieutenant Governor of the State of Iowa, Individually and in Her Official Capacity Jeffrey Boeyink, Chief of Staff to the Governor of the State of Iowa, Individually and in His Official Capacity Brenna Findley, Legal Counsel to the Governor of TheSupreme Court of Iowa · 2017
- Sawyer v. State of FloridaSupreme Court of Florida · 1927
- State v. RollinsonSupreme Court of Connecticut · 1987
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