Legal Opinion

State v. Hocker

Missouri Court of Appeals

Decided January 11, 1897PublishedCited by 4 opinions

Appeal from the Howard Circuit Court. — Hon. J. A. Hockaday, Judge.- (1) The affidavit for appeal should be filed immediately after judgment is rendered and the transcript of the justice should affirmatively show this. R. S. 1889, sec. 4362; State v. Epperson, 4 Mo. 90; State v. Cox, 9 Mo. 180; State v. Thomas, 10 Mo. 235; Beore v. Staeckler, 49 Mo. App. 547; Hastings v. Hennessy, 52 Mo. App. 177; The City of BeSotov. Merciel, 53 Mo.

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Appeal from the Howard Circuit Court. — Hon. J. A. Hockaday, Judge.- (1) The affidavit for appeal should be filed immediately after judgment is rendered and the transcript of the justice should affirmatively show this. R. S. 1889, sec. 4362; State v. Epperson, 4 Mo. 90; State v. Cox, 9 Mo. 180; State v. Thomas, 10 Mo. 235; Beore v. Staeckler, 49 Mo. App. 547; Hastings v. Hennessy, 52 Mo. App. 177; The City of BeSotov. Merciel, 53 Mo. App. 57; State v. Anderson, 84 Mo. 524. (2) The information is sufficient in form. State v. Fare, 39 Mo. App. 110; State v. Parker, 39 Mo. App. 116. The…

1Opinion of the CourtSmith, P. J.

This case may be briefly and succinctly stated in thiswise: One Duren filed a complaint before a justice of the peace charging the defendant with an assault. A warrant was thereupon issued and the defendant was arrested and brought before the justice. On account of the absence of the prosecuting attorney, the defendant was required to enter into a recognizance to appear before the justice at a later day, on which day both the prosecuting attorney and the *417defendant appeared, when the former filed an information, which (omitting the caption) was as follows:

“Sam O. Major, prosecuting attorney…

2Cases cited3 opinions

  1. Grubbs v. ConesSupreme Court of Missouri · 1874
  2. State v. FareMissouri Court of Appeals · 1890
  3. State v. HartMissouri Court of Appeals · 1892

3Cited by4 opinions

  1. Crenshaw v. Pacific Mutual Life InsuranceMissouri Court of Appeals · 1897
  2. Randall v. LeeMissouri Court of Appeals · 1897
  3. State v. BlandsMissouri Court of Appeals · 1903
  4. State v. ThayerSupreme Court of Missouri · 1900

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