State v. Fletchall
Missouri Court of Appeals
Appeal from Worth Circuit Court,‘Hon. Chas. H. S. Goodman, Judge. The case is stated, in the opinion. I. The information is invalid and void, because it is not accompanied by, or based upon, a complaint, as required by law. The prosecuting attorney has no right to file an information unless a complaint shall have been first filed with the justice or deposited with him.
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Appeal from Worth Circuit Court,‘Hon. Chas. H. S. Goodman, Judge. The case is stated, in the opinion. I. The information is invalid and void, because it is not accompanied by, or based upon, a complaint, as required by law. The prosecuting attorney has no right to file an information unless a complaint shall have been first filed with the justice or deposited with him. Laws of Mo., 1885, p. 145, secs. 2025, 2026. If the prosecuting attorney has personal knowledge of the facts, then he should either file a complaint or verify the information under oath. The mere fact that the information is…
1Opinion of the CourtPhilips, P. J.
The defendant was prosecuted and convicted, on information filed by the prosecuting attorney of Worth county, before a justice of the peace, for exhibiting a certain deadly weapon, to-wit, a pistol, in the presence of one or more persons, in a rude, angry, and threatening manner, etc.
The principal reason assigned by the appellant for reversing the judgment of conviction below is the alleged invalidity of the information. His objection is : (1) because the information is not verified by the affidavit of any person who would be a competent witness to testify therein ; and (2) because the…
2Cases cited10 opinions
- Flato v. MulhallSupreme Court of Missouri · 1880
- State v. RaySupreme Court of Missouri · 1873
- State v. MannSupreme Court of Missouri · 1884
- State v. KelmSupreme Court of Missouri · 1883
- State v. BlanSupreme Court of Missouri · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. GuglielmoOregon Supreme Court · 1905
- State v. RansbergerMissouri Court of Appeals · 1890
- State v. PruettMissouri Court of Appeals · 1895
- State v. HatfieldMissouri Court of Appeals · 1890
- State v. McCarverMissouri Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.