State v. Swinney
Missouri Court of Appeals
Appeal from the Pike County Circuit Court, Elijah Robinson, Judge. The person signing the indictment was not a duly qualified prosecuting officer. Rev* Stat., sect. 1798; The State v. Bitzporter, 17 Mo. Ápp. 271; The State v. Bruce, 77 Mo. 193. The prosecuting attorney pro tem. was a de facto officer, and, as such, his acts were valid. Harbaughv. Winsor, 38 Mo. 327; The State r>. Douglass, 50 Mo. 593.
1Opinion of the Court
Rombauer, J.,.
delivered the opinion of the court.
The defendant was indicted, tried, and convicted, in. the circuit court of Pike county, of an assault. He appeals and assigns the following errors: (1) That the court erred in not quashing the indictment. (2) That the court erred in refusing him a new trial, because the jury had misbehaved.
It appears, by the record, that the prosecuting attorney of Pike county was disqualified to act in the premises, having been of counsel for the defendant, whereupon the court appointed J. H. Blair, Esq., another attorney, to act as prosecuting attorney pro…
Also in this document: Concurrence.
2Cases cited7 opinions
- State v. UnderwoodSupreme Court of Missouri · 1874
- State v. HaywardSupreme Court of Missouri · 1884
- State v. BranstetterSupreme Court of Missouri · 1877
- State v. DouglassSupreme Court of Missouri · 1872
- State v. CoupenhaverSupreme Court of Missouri · 1867
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3Cited by4 opinions
- State v. ElginSupreme Court of Missouri · 1965
- State v. TylerSupreme Court of Missouri · 1942
- Proffer v. MillerMissouri Court of Appeals · 1897
- State v. TylerSupreme Court of Missouri · 1942