State v. Salts
Supreme Court of Missouri
Appeal from Phelps Circuit Court. — Hon. L. B. Woodsidé, Judge. (1) The information is signed “Corrie L. Arthur” with no official designation as prosecuting attorney. The verification thereto does not cure it; the affiant does not make' oath, that he, the signer thereof, is prosecuting attorney. The information therefore was not “signed by the prosecuting attorney” as is required by statute, hut was void and should have been quashed or the judgment thereunder arrested.
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Appeal from Phelps Circuit Court. — Hon. L. B. Woodsidé, Judge. (1) The information is signed “Corrie L. Arthur” with no official designation as prosecuting attorney. The verification thereto does not cure it; the affiant does not make' oath, that he, the signer thereof, is prosecuting attorney. The information therefore was not “signed by the prosecuting attorney” as is required by statute, hut was void and should have been quashed or the judgment thereunder arrested. R. S. 1909, sec. 5057; R. S. 1909, sec. 5093; State v. Bruce, 77 Mo. 193; State v. Wright, 161 Mo. App. 602. (2) Defendant’s…
1Opinion of the Court
ROY, C.
Defendant was by a jury convicted of carnally knowing Katie Marks who was between the ages of fourteen and eighteen years. His punishment was assessed at a fine of $300 and six months in the county jail.
*308The information and the affidavit attached, omitting formal parts, are as follows:
Corrie L. Arthur, Prosecuting Attorney, within and for the county of Phelps and State, of Missouri, upon the affidavit of Katie Marks, herewith filed, now here informs the court that on or about the-day of April, 1913, at and in the county of Phelps, and the State of Missouri, one Phillip A. Salts, a male…
2Cases cited4 opinions
- State v. BlitzMissouri Court of Appeals · 1903
- State v. TettatonSupreme Court of Missouri · 1901
- State v. RiddleSupreme Court of Missouri · 1904
- State v. KinneySupreme Court of Missouri · 1883
3Cited by3 opinions
- State v. FergusonSupreme Court of Missouri · 1919
- State v. TracySupreme Court of Missouri · 1922
- State v. SchooleySupreme Court of Missouri · 1929