State v. Jacobs
Missouri Court of Appeals
Appeal from Deut Circuit Court. — No». L. B. Wood-side, J udge. STATEMENT. The appeal is by the State from the judgment of the circuit court in sustaining a motion to quash the information and discharging the defendant. No abstracts or briefs have been filed in this court by either party. The information is as follows: “State of Missouri, against Fred Jacobs, Wol Halbert, Robert Cook, Defendants.
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Appeal from Deut Circuit Court. — No». L. B. Wood-side, J udge. STATEMENT. The appeal is by the State from the judgment of the circuit court in sustaining a motion to quash the information and discharging the defendant. No abstracts or briefs have been filed in this court by either party. The information is as follows: “State of Missouri, against Fred Jacobs, Wol Halbert, Robert Cook, Defendants. “Now comes A. E. MeGlashan, prosecuting attorney within and for Dent county, in the State of Missouri, and informs the court that Fred Jacobs, Wol Halbert and Robert Cook on the 29th day of March,…
1Opinion of the CourtBland, P. J.
1. Two questions are raised by the motion to quasb. ' The first is whether or not the informatioxx is properly verified, axxd the second is whether or xxot it was requisite that the informatioxx .should have beexx ixxdorsed by the prosecuting witness in such a manner as to make him responsible for the cost ixx the event the defendant should be acquitted.
Sectioxi 2477 of the Criminal Code (R. S. 1899) reads as follows:
“Informations may be filed by the prosecuting attorney as infonnant during term time, or with the clerk in vacation, of the court having jurisdiction of the offense specified…
2Cited by1 opinion
- State v. KempMissouri Court of Appeals · 1940