Cook v. Walker

By the act creating the city court of Miller County, a defendant in a criminal case in that court “may be tried on written accusation framed and signed by the solicitor of said court.” Acts 1909, p. 276, § 3. Is a paper purporting to be an accusation, but unsigned by the solicitor of that court, amendable by attaching thereto the name of the solicitor ? The proper answer depends upon whether such unsigned accusation is void or only voidable. Under the above statute there are two vital essentials of a valid accusation charging a defendant with a misdemeanor. One is that it must be in writing.…