State v. Briscoe
Supreme Court of Missouri
Appeal from Scott Circuit Court. — HoN. J. D. Foster, Judge. No information signed by the prosecuting attorney having been filed against the defendant, the judgment should be reversed. State v. Huddleston, 75 Mo. 667; State v. Sebecca, 76 Mo. 55. TJnder the constitution, article 2, section 12, it was necessary that the information should be one sufficient at common law.
Read the full summary
Appeal from Scott Circuit Court. — HoN. J. D. Foster, Judge. No information signed by the prosecuting attorney having been filed against the defendant, the judgment should be reversed. State v. Huddleston, 75 Mo. 667; State v. Sebecca, 76 Mo. 55. TJnder the constitution, article 2, section 12, it was necessary that the information should be one sufficient at common law. Ex parte Slater, 72 Mo. 102; State ex rel. v. Leffingwell, 54 Mo. 458, 471; Ex parte Be-thurum, 66 Mo. 545; Cooley Const. Lim., 60; Potter’s Bwarris on Statutes, p. 272, note 2.. As to what constitutes an information at common…
1Opinion of the CourtSherwood, J.
The defendant was charged in an affidavit filed before "Wm. A. Gooch, a justice of the peace, with having kissed and indecently assaulted a girl, who was a scholar in the school which he was teaching. The affidavit was made by her father, June 19th, 1880.
*644This proceeding is, doubtless, authorized by sections 2025 and 2026, Revised Statutes 1879. The authorities cited by counsel for the State, as well as counsel for the defendant, correctly define the meaning of the term “ information,” as it was used and understood at common law. That definition does not embrace an affidavit filed by a private…
2Cases cited2 opinions
- Ex parte SlaterSupreme Court of Missouri · 1880
- State v. KelmSupreme Court of Missouri · 1883
3Cited by9 opinions
- State v. MispagelSupreme Court of Missouri · 1907
- State v. RansbergerSupreme Court of Missouri · 1891
- State v. RansbergerMissouri Court of Appeals · 1890
- City of Kansas v. O'ConnorCourt of Appeals of Kansas · 1889
- State v. HockadaySupreme Court of Missouri · 1889
4 more not listed; retrieve them via the Exa API.