State v. Bonner
Supreme Court of Missouri
Appeal from Cole Circuit Court. — How. Jas. E. Eazell, Judge. (1) (a) The circuit court erred in overruling motion to quash the information for the reason it is not signed by the prosecuting attorney as required by law. Secs. 2477, 2478, 2513, R. S. 1899; Laws 1901, p. 132; State v. Kyle, 166 Mo. 306; State v. Hoffman, 75 Mo.
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Appeal from Cole Circuit Court. — How. Jas. E. Eazell, Judge. (1) (a) The circuit court erred in overruling motion to quash the information for the reason it is not signed by the prosecuting attorney as required by law. Secs. 2477, 2478, 2513, R. S. 1899; Laws 1901, p. 132; State v. Kyle, 166 Mo. 306; State v. Hoffman, 75 Mo. App. 380, syll. 2; State v. Wade, .147 Mo. 77. (b) Because said first count of said information is not verified by the oath of the prosecuting attorney, nor by the oath of some person competent to testify as a witness; nor is it supported by the affidavit of such person,…
1Opinion of the CourtGantt, P. J.
This is an appeal from a judgment of conviction in the circuit court of Cole county. The defendant was prosecuted by information filed by the prosecuting attorney of said county, charging him with embezzlement and larceny in three separate counts. The said information is in the words following (omitting caption):
“Robert P¡-Stone, prosecuting attorney within and for the county of Cole and State of Missouri, upon his oath of office informs the court that 'William. Bonner, on or about the 10th day of December, A. D. 1900, at the county of Cole and State aforesaid, became and was the bailee of a…
2Cases cited1 opinion
- State v. KyleSupreme Court of Missouri · 1901
3Cited by24 opinions
- Hemphill v. StateSupreme Court of Missouri · 1978
- State v. BrownSupreme Court of Missouri · 1904
- Ex Parte McNaughtSupreme Court of Oklahoma · 1909
- State v. SchnettlerSupreme Court of Missouri · 1904
- State v. AndersonSupreme Court of Missouri · 1913
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