State ex rel. Westfall v. Clifford
Missouri Court of Appeals
1Opinion of the Court
REINHARD, Judge.
Relator sought an alternative writ of mandamus to compel respondent judge to vacate his order sustaining a motion to dismiss two causes filed against defendant. We issued the alternate writ which we now make permanent.
The sole issue to be decided is whether the informations in these cases, which were signed but not verified by the assistant prosecuting attorney, constitute valid charges against the defendant. The answer is yes. As noted by respondent, § 545.240, RSMo 1978, requires that all in-formations be signed by the prosecuting attorney and verified by his oath, if not…
2Cases cited4 opinions
- State v. ElginSupreme Court of Missouri · 1965
- State ex rel. Nesbit v. LaskyMissouri Court of Appeals · 1977
- State ex rel. McGarry v. KirkwoodMissouri Court of Appeals · 1967
- State v. ShanksMissouri Court of Appeals · 1903
3Cited by3 opinions
- State v. PettersonMissouri Court of Appeals · 1989
- State v. AustinMissouri Court of Appeals · 1993
- State v. MimsMissouri Court of Appeals · 1982