State v. Essman
Missouri Court of Appeals
Appeal from Crawford Circuit Court. — Hon. Leigh B. Woodside} Judge. (1) The prosecuting attorney having filed the affi-' davit of the prosecuting witness with his information, the fact is conclusive that the affidavit is the basis upon which the prosecution must rest. Revised Statutes 1899, section 2477; State v. Fuser, 75 Mo.
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Appeal from Crawford Circuit Court. — Hon. Leigh B. Woodside} Judge. (1) The prosecuting attorney having filed the affi-' davit of the prosecuting witness with his information, the fact is conclusive that the affidavit is the basis upon which the prosecution must rest. Revised Statutes 1899, section 2477; State v. Fuser, 75 Mo. App. 263; State v. Boggess, 86 Mo’ App. 639; State v. Meadows, 81 S. W. 463. (2) The information having been bottomed on the affidavit, it is absolutely essential that the affidavit should charge an offense under the law, in order to support the information. And to do…
1Opinion of the CourtGoode, J.
This defendant was convicted of selling intoxicating liquor to Lewis Hughes, a minor, without the written permission of said minor’s parents. The testimony tended to prove that Essman himself made the sale. The information is founded on section 3009 of the Revised Statutes of 1899, and was filed by the prosecuting attorney of Crawford county, but not verified by his oath. This is the statute:
“Every dramshop keeper, or any other person, who shall sell, give away or otherwise dispose of or suffer the same to be done about his premises, any intoxicating liquors in any quantity to any minor,…
2Cases cited4 opinions
- State v. HaywardSupreme Court of Missouri · 1884
- State v. BraunSupreme Court of Missouri · 1884
- State v. BoggessMissouri Court of Appeals · 1901
- State v. YoungMissouri Court of Appeals · 1898