State v. Brock
Supreme Court of Missouri
Appeal from Polk Circuit Court. — Ho». Argus Cox, Judge. (1) When the proceeding is by information it must he signed by the prosecuting attorney. R. S. 1899, sec. 2477. And this undoubtedly means in the name of the person elected or appointed to that office, i. e., in his official capacity and under the name by which he was elected, commissioned and qualified. (2) An initial is not recognized as a name.
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Appeal from Polk Circuit Court. — Ho». Argus Cox, Judge. (1) When the proceeding is by information it must he signed by the prosecuting attorney. R. S. 1899, sec. 2477. And this undoubtedly means in the name of the person elected or appointed to that office, i. e., in his official capacity and under the name by which he was elected, commissioned and qualified. (2) An initial is not recognized as a name. Skelton v. Stockett, 91 Mo. 379; Martin v. Barron, 37 Mo. 301; 1 Bishop on Criminal Procedure (1 Ed.), secs. 119,120; State v. Martin, 10 Mo. 391. (3) A person incapable of making a valid…
1Opinion of the CourtBurgess, P. J.
— The defendant was convicted in the circuit court of Polk county and his punishment fixed at a fine of $300 and imprisonment for thirty days *459in the county jail of said county, under an information filed by L. Cunningham, the prosecuting attorney of said county, with the clerk of the circuit court of said county on the fourth day of August, 1903, charging him with having feloniously, under promise of marriage, seduced and debauched one Iva Fender, an unmarried female of good repute and'under twenty-one years of age. Defendant appeals.
Before the trial, the defendant moved to quash the…
2Cases cited2 opinions
- State v. KyleSupreme Court of Missouri · 1901
- State v. KinneySupreme Court of Missouri · 1883
3Cited by5 opinions
- City of Kansas City v. NarronMissouri Court of Appeals · 1973
- State v. KelleySupreme Court of Missouri · 1905
- Piggott v. MillerMissouri Court of Appeals · 1977
- Kansas City v. MorrisMissouri Court of Appeals · 1969
- Stracner v. StateCourt of Criminal Appeals of Texas · 1919