State v. Russell
Supreme Court of Missouri
Appeal from Shannon Circuit Court. — IIon. J. R. Woodside, Judge. The only error complained of by the appellant is that the information was not signed and verified by the prosecuting attorney. The record was made by a special prosecuting attorney, and although it is not expressly shown that he was appointed in the absence or inability to act of the regular prosecutor, this court 'will presume that the trial court proceeded regularly, and in conformity to law.
Read the full summary
Appeal from Shannon Circuit Court. — IIon. J. R. Woodside, Judge. The only error complained of by the appellant is that the information was not signed and verified by the prosecuting attorney. The record was made by a special prosecuting attorney, and although it is not expressly shown that he was appointed in the absence or inability to act of the regular prosecutor, this court 'will presume that the trial court proceeded regularly, and in conformity to law. State v. Brown, 75 Mo. 317.
1Opinion of the CourtHenry, C. J.
The defendant was prosecuted before a justice of the peace of Shannon county for a misdemeanor, found guilty, and on appeal to the circuit court of the county ivas again convicted, and has appealed to this court. The ■ complaint against him was made by one D. E. Dye, who made an affidavit before the justice, *649charging defendant with the offence. Dye was not the prosecuting attorney. In the circuit court, the prosecuting attorney was permitted to file an amended information differing from that filed in the justice’s court, in that it was signed by O. L. Smith, assistant prosecuting attorney,…
2Cases cited2 opinions
- State v. KelmSupreme Court of Missouri · 1883
- State v. BriscoeSupreme Court of Missouri · 1883
3Cited by8 opinions
- State v. RansbergerSupreme Court of Missouri · 1891
- State v. RansbergerMissouri Court of Appeals · 1890
- City of Kansas v. O'ConnorCourt of Appeals of Kansas · 1889
- State v. SmithSupreme Court of Missouri · 1924
- State v. KempleMissouri Court of Appeals · 1887
3 more not listed; retrieve them via the Exa API.