State v. Weyland
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) Information in a criminal case, when not based upon the affidavit of a person having knowledge of the commission of a crime (Laws 1901, p. 189), are required by the statute to be verified. R. S. 1899, see. 2477. (2) The first and second counts in the information in this case were not in any legal sense verified by the oath of the prosecuting attorney.
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) Information in a criminal case, when not based upon the affidavit of a person having knowledge of the commission of a crime (Laws 1901, p. 189), are required by the statute to be verified. R. S. 1899, see. 2477. (2) The first and second counts in the information in this case were not in any legal sense verified by the oath of the prosecuting attorney. Each count charged an independent statutory offense, each inconsistent with the other. The attempted verification of second count nullifies the attempted verification of first…
1Opinion of the CourtEllison, J.
The defendant was convicted of being a licensed dramshop keeper and selling intoxicating liquor on Sunday. He has brought the case here by appeal.
The prosecuting attorney of Jasper county filed an information against the defendant verified by his oath. It contained three counts. The first charged that defendant was a licensed dramshop keeper on Sunday, the 18th day of March, 1906, and that on that day he sold intoxicating liquor at such dramshop. The second charged a different offense in that he sold the liquor on that day and that he was not a licensed dramshop keeper. The third charged that…
2Cases cited13 opinions
- Butler v. StateSupreme Court of Florida · 1889
- State v. FlintSupreme Court of Missouri · 1876
- State v. SchnettlerSupreme Court of Missouri · 1904
- State v. KnockSupreme Court of Missouri · 1898
- Miller v. MunsonWisconsin Supreme Court · 1874
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3Cited by3 opinions
- State v. JaegerSupreme Court of Missouri · 1912
- State v. DargatzSupreme Court of Missouri · 1912
- State v. JaegerMissouri Court of Appeals · 1911