State v. Maupin
Missouri Court of Appeals
Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) The information is invalid for the reason that it is not accompanied by an affidavit filed with the justice or lodged with the prosecuting attorney, nor does it show upon its face that it is based upon the knowledge, information, and belief of the prosecuting attorney, as required by law. State v. White, 55 Mo. App. 356; State v. Shaw, 26 Mo.
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Appeal from the Boone Circuit Court. — Hon. J. A. Hockaday, Judge. (1) The information is invalid for the reason that it is not accompanied by an affidavit filed with the justice or lodged with the prosecuting attorney, nor does it show upon its face that it is based upon the knowledge, information, and belief of the prosecuting attorney, as required by law. State v. White, 55 Mo. App. 356; State v. Shaw, 26 Mo. App. 383. (2) The information in this case is fatally defective in failing to charge any offense under the law. The offense created by section 3809, Revised Statutes 1889, as amended…
1Opinion of the CourtEllison, J.
Statement. The defendant was convicted on an information by the prosecuting attorney filed with a justice of the peace, for playing cards for mi . „ ,. . ’ , money. The information is based on section 3825, Revised Statutes, 1889, and is in the following words:
“State of Missouri, against Luther Maupin. Be-, fore J. 0. Gillespy, justice of the peace for Boone county, state aforesaid.
“J. L. Stephens, prosecuting attorney within and for the county of Boone, in the state of Missouri, informs the court that Luther Maupin, on the-day of December, 1894, at the said county of Boone, did then and…
2Cases cited1 opinion
- State v. McCarverMissouri Court of Appeals · 1892
3Cited by2 opinions
- State v. Stewart.Missouri Court of Appeals · 1933
- State v. O'KelleyMissouri Court of Appeals · 1906