State v. Kemple
Missouri Court of Appeals
Appeal from Osage Circuit Court, Hon. A. J. Seay, Judge. The case is stated in the opinion. I. This was a prosecution against the appellant for petit larceny, upon an information filed by the prosecuting attorney of Osage county, Missouri. The information was not verified by the oath of the prosecuting attorney, nor by any one else. II.
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Appeal from Osage Circuit Court, Hon. A. J. Seay, Judge. The case is stated in the opinion. I. This was a prosecution against the appellant for petit larceny, upon an information filed by the prosecuting attorney of Osage county, Missouri. The information was not verified by the oath of the prosecuting attorney, nor by any one else. II. Upon the trial in the circuit court the defendant filed his motion to quash the information, because “ not based upon the affidavit of any person competent to testify in this cause, and is not supported by the oath of the prosecuting attorney, either as an…
1Opinion of the CourtEllison, J.
This is a prosecution for petit larceny, begun before a justice of the peace by information. The offence was committed before the amendment of sections 2025, 2026, 2028, and 2054 of the Revised Statutes. Laws 1885, p. 145.
I. Defendant was convicted in the justice’s court, and on appeal was again convicted. The information was filed by the prosecuting attorney and was not sworn to. There was an affidavit by the prosecuting witness in which it is stated that, “on or about the sixteenth day of January, 1885, by some person or persons feloniously *394taken, stolen, or carried away out of the house…
2Cases cited3 opinions
- State v. HaywardSupreme Court of Missouri · 1884
- State v. RussellSupreme Court of Missouri · 1886
- State v. DowningMissouri Court of Appeals · 1886
3Cited by4 opinions
- State v. SmithSupreme Court of Missouri · 1924
- State v. HumbleMissouri Court of Appeals · 1889
- State v. StegallMissouri Court of Appeals · 1896
- Kansas City v. WhitmanMissouri Court of Appeals · 1897