State v. Downing
Missouri Court of Appeals
Appeal from Johnson Criminal Court, Hon. John E. Hyland, Judge. The case and facts are stated in the opinion. I. The information must be verified by the oath of the prosecuting attorney, or by the oath of some person competent to testify, and who has knowledge of the commission of the offence charged. Sect. 1763,1764, Eev.
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Appeal from Johnson Criminal Court, Hon. John E. Hyland, Judge. The case and facts are stated in the opinion. I. The information must be verified by the oath of the prosecuting attorney, or by the oath of some person competent to testify, and who has knowledge of the commission of the offence charged. Sect. 1763,1764, Eev. Stat; State v. Hayward, 83 Mo. 299. The affidavit here is defective on its face, in not showing that affiant was a competent witness, and that it was made before any one authorized to administer oaths. Sects. 1763, 1764, Rev. Stat., supra; Hargadine v. Van Horn, 72 Mo. 370.…
1Opinion of the CourtEllison, J.
The information, omitting the caption and signature, was in these words. “W. W. Wood, prosecuting within and for the county of Johnson, in the state of Missouri, informs the court that Thomas Downing, on the twenty-seventh day of August, 1885, at the said county of Johnson, did, then and there, unlawfully deal in ther selling of goods, wares and merchandise, not being books, charts, maps, or stationery, by going from place to place, in a cart or carriage, with two horses, to sell the same, and did, then and there, while going from place to place to sell said goods, wares and merchandise, as…
2Cases cited2 opinions
- State v. HaywardSupreme Court of Missouri · 1884
- State v. KaubMissouri Court of Appeals · 1885
3Cited by5 opinions
- State v. FrazierSupreme Court of Missouri · 1936
- State v. DavidsonMissouri Court of Appeals · 1891
- State v. DerkumMissouri Court of Appeals · 1887
- State v. KempleMissouri Court of Appeals · 1887
- State v. HoffmanMissouri Court of Appeals · 1892