State v. Fuser
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. John A. Hockadav, Judge. (1) The information filed by the prosecuting attorney was insufficient. It did not state that it was “under his oath of office,” but on the contrary stated that it was on the sworn complaint in writing of E. L. Moehle filed herewith, and no sworn statement of E. L. Moehle was filed. State v. Lewis, 70 Mo.
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Appeal from the Boone Circuit Court. — Hon. John A. Hockadav, Judge. (1) The information filed by the prosecuting attorney was insufficient. It did not state that it was “under his oath of office,” but on the contrary stated that it was on the sworn complaint in writing of E. L. Moehle filed herewith, and no sworn statement of E. L. Moehle was filed. State v. Lewis, 70 Mo. App. 40. (2) It can not be contended that the information was based on the affidavit of E. L. Moehle filed with the justice April 21, 1896, and upon which defendant was arrested, because that affidavit, which was defective…
1Opinion of the Court
Smith, P. J. —
statement. It appears from the record that on the twenty-first day of April, 1896, one E. L. Moehle filed a complaint, verified by affidavit, before a justice of the peace charging that defendant had unlawfully obstructed a certain public road, and that thereupon a warrant was issued and the defendant arrested. It further appears that later on the prosecuting attorney filed with the justice an information charging “on the sworn complaint of E. L. Moehle (filed herewith) informs W. T. Gibson, a justice of the peace within, etc., that the defendant on the second day of May, 1896,…
2Cases cited3 opinions
- State v. ShawMissouri Court of Appeals · 1887
- State v. WhiteMissouri Court of Appeals · 1893
- State v. LewisMissouri Court of Appeals · 1897
3Cited by4 opinions
- State v. SappSupreme Court of Missouri · 1947
- State v. LundrySupreme Court of Missouri · 1950
- Russell v. StateSupreme Court of Missouri · 1969
- State v. MeadowsMissouri Court of Appeals · 1904