State v. Parker
Missouri Court of Appeals
Appeal from, the Reynolds Circuit Court. — Hon. J. L. Thomas, Judge/ An information cannot be based upon the affidavit of a person who is not a competent witness to the facts stated in the affidavit, and the affidavit must show knowledge of such facts by tile witness. State v. Shaw, 26 Mo. App. 383; State v. Hayward, 83 Mo. 288. The information does not purport to be the official act of the attorney. Sess. Acts, 1885, p. 146; State Harris, 30 Mo.
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Appeal from, the Reynolds Circuit Court. — Hon. J. L. Thomas, Judge/ An information cannot be based upon the affidavit of a person who is not a competent witness to the facts stated in the affidavit, and the affidavit must show knowledge of such facts by tile witness. State v. Shaw, 26 Mo. App. 383; State v. Hayward, 83 Mo. 288. The information does not purport to be the official act of the attorney. Sess. Acts, 1885, p. 146; State Harris, 30 Mo. App. 82; State v. Fletchall, 31 Mo. App. 299. The evidence on behalf of the state, if it discloses any of the elements of an offense whatever,…
1Opinion of the CourtBiggs, J.
The defendant was proceeded against by information for disturbing the peace of a family. He was convicted of the offense before a justice of the peace, and also in the circuit court, and he has brought the case to this court by appeal.
*118The prosecuting witness, W. T. Sawyer, filed witli a justice of the peace in Reynolds county the following affidavit, to-wit: “W. T. Sawyer, being duly sworn, upon his oath states that on the twenty-fourth day of November, A. D. 1888, at the said county of Reynolds, Missouri, one John Parker did then and there wilfully disturb the peace of the family of W. T.…
2Cases cited4 opinions
- State v. CookSupreme Court of Missouri · 1884
- State v. WilksonMissouri Court of Appeals · 1889
- State v. FogersonSupreme Court of Missouri · 1860
- State v. BachMissouri Court of Appeals · 1887
3Cited by8 opinions
- State v. RansbergerSupreme Court of Missouri · 1891
- Keesier v. StateIndiana Supreme Court · 1900
- State v. GuglielmoOregon Supreme Court · 1905
- State v. BuckMissouri Court of Appeals · 1891
- State v. BrumleyMissouri Court of Appeals · 1893
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