State v. Daly
Missouri Court of Appeals
Appeal from St. Louis Cowrt of Criminal Correction. Hon. J. R. Claiborne, Judge. - The information is insufficient, as it was not lodged by the proper officer. In State v. Bennett, 102 Mo. 369, 370, it was held that the special law relating to the St. Louis court of criminal correction concerning informations had been repealed by the act of April 12, 1877. Acts, 1877, p. 354.-
1Opinion of the CourtThompson, J.
The defendant was tried and convicted in the St. Louis court of criminal correction under an information charging him with an attempt to commit petit larceny, as defined in section 3949 of the Revised Statutes. Appealing to this court, he assigns for error that the information was insufficient in that the affidavit was not lodged with the proper officer, — it having been lodged with the assistant prosecuting attorney, and not with the prosecuting attorney. The argument, based on the decision of the supreme court in State v. Bennett, 102 Mo. 369, 370, is that the special law relating to the…
2Cases cited1 opinion
- State v. BennettSupreme Court of Missouri · 1890
3Cited by1 opinion
- State v. WeeksMissouri Court of Appeals · 1901