State v. Lucas
Missouri Court of Appeals
Appeal from Butler Circuit Court. — lion. J. L. Fort, Judge. (1) Tbe information as filed by tbe prosecuting attorney was a nullity; being without verification it would not even warrant' tbe arrest of tbe defendant. State v. Bragg, 63 Mo. App. 27; State v. Kircbner, 23 Mo. App. 349; State v. O’Connor, 58 Mo. App. 457; State v. Pruett, 61 Mo.
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Appeal from Butler Circuit Court. — lion. J. L. Fort, Judge. (1) Tbe information as filed by tbe prosecuting attorney was a nullity; being without verification it would not even warrant' tbe arrest of tbe defendant. State v. Bragg, 63 Mo. App. 27; State v. Kircbner, 23 Mo. App. 349; State v. O’Connor, 58 Mo. App. 457; State v. Pruett, 61 Mo. App. 156. (2) The placing of the verification on the information by the prosecuting attorney in vacation, and without notice to defendant was prejudicial error. An officer has no right to change a record without an order of court. • (3) The defendant…
1Opinion of the CourtBland, P. J.
Two informations against defendant were filed by the prosecuting attorney of Butler county in the office of the circuit clerk thereof. One charged the de- , f endant with having sold one half-pint of whiskey to one, H. M. Ehodes, on the first day of the week, commonly called Sunday. The other charged him with having sold one half-pint of whiskey to one, A. J. Young, in violation of the Dram-shop Act.
The informations were both heard at the same time and by agreement the issues were submitted to the court sitting as a jury. The court, after hearing the evidence, found the defendant guilty on…
2Cases cited4 opinions
- Hall v. HarrisonSupreme Court of Missouri · 1855
- State v. GibsonMissouri Court of Appeals · 1895
- State v. HammackMissouri Court of Appeals · 1902
- State v. PattonMissouri Court of Appeals · 1902
3Cited by10 opinions
- In Re MooreCalifornia Court of Appeal · 1924
- Hyde v. StateTennessee Supreme Court · 1914
- State v. LittooyWashington Supreme Court · 1909
- State v. Salisbury Ice & Fuel Co.Supreme Court of North Carolina · 1914
- State v. QuinnMissouri Court of Appeals · 1902
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