State v. Lewis
Missouri Court of Appeals
Appeal from the Pettis Criminal Court. — Hon. G-eo. E. Longan, Judge. (1) The information is good. It sets out a good common law assault and battery charge, as contemplated by section 3492 of the Revised Statutes of Missouri of 1889, and follows approved precedents. R. S. 1889, sec. 3492; Wharton’s Precedents of Indictment and Pleas [3 Ed.], form 213-215, pp. 232-236. (2) The affidavit or complaint is no part of the information.
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Appeal from the Pettis Criminal Court. — Hon. G-eo. E. Longan, Judge. (1) The information is good. It sets out a good common law assault and battery charge, as contemplated by section 3492 of the Revised Statutes of Missouri of 1889, and follows approved precedents. R. S. 1889, sec. 3492; Wharton’s Precedents of Indictment and Pleas [3 Ed.], form 213-215, pp. 232-236. (2) The affidavit or complaint is no part of the information. The term information, as used in section 12, article 2, of the Constitution of Missouri, 1875, is to be understood in its common law sense, i. e., a criminal charge…
1Opinion of the CourtGill, J.
On the thirtieth day of November, 1894, there was filed in a justice’s court in Pettis county a pretended complaint by George Eikenbury, charging respondent with assault and battery. This complaint was signed by Eikenbury but was not under oath. Accompanying and following this complaint, and on the same sheet of paper, was an information signed by the prosecuting attorney, which in terms refers to the complaint as the only basis of the charge.
In the circuit court, where the cause was taken by appeal, the court sustained a motion to quash the information, because, while purporting to be based…
2Cases cited1 opinion
- State v. WhiteMissouri Court of Appeals · 1893
3Cited by3 opinions
- State v. FuserMissouri Court of Appeals · 1898
- State v. WhitakerMissouri Court of Appeals · 1898
- State v. ThayerSupreme Court of Missouri · 1900