State v. Meadows
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — Ho». J. W. Alexander, Judge. When a prosecuting attorney files an information before a justice of the peace, based on the affidavit of a private citizen, filed therewith, the defendant can not be convicted of an offense of which the person making the affidavit has no actual knowledge. R. S. 1899, sec. 2749; State v. Fuser, 75 Mo. App. 263; State v. White, 55 Mo. App. 356; State v. Shaw, 26 Mo. App. 383.
1Opinion of the CourtSmith, P. J.
The prosecuting attorney filed an information before a justice of the peace based upon the complaint of one S. N. Best, verified by his oath, charging defendant with a violation of section 439, Revised Statutes. There was a trial by jury resulting in the conviction of defendant.
Best, the prosecuting witness, testified that at about five o’clock in the afternoon of February 14, 1902, he went into the billiard hall of defendant and there found his infant son, Lewis, and one Harvey Carter, playing pool and told him — his said son — to get out of there. He further testified that he saw defendant…
2Cases cited4 opinions
- State v. McCanceSupreme Court of Missouri · 1892
- State v. ShawMissouri Court of Appeals · 1887
- State v. WhiteMissouri Court of Appeals · 1893
- State v. FuserMissouri Court of Appeals · 1898