Browne's Appeal
Missouri Court of Appeals
Appeal from the Jackson Criminal Court. — Hon. John W. Woeeobd, Judge. (1) The assistant prosecuting attorney appointed by the prosecuting attorney is authorized by law to discharge the duties of prosecuting attorney when the prosecuting attorney is engaged in the discharge of his duties so that he can not attend. R. S. 1889, sec. 664, p. 244. And he has the same authqrity to sign and file informations as the prosecuting attorney. State v. Hynes, 39 Mo.
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Appeal from the Jackson Criminal Court. — Hon. John W. Woeeobd, Judge. (1) The assistant prosecuting attorney appointed by the prosecuting attorney is authorized by law to discharge the duties of prosecuting attorney when the prosecuting attorney is engaged in the discharge of his duties so that he can not attend. R. S. 1889, sec. 664, p. 244. And he has the same authqrity to sign and file informations as the prosecuting attorney. State v. Hynes, 39 Mo. App. 569. And he may make and sign the information in his own name. State v. Fitzpatrick, 17 Mo. App. 273; State v. Sioinney, 25 Mo. App.…
1Opinion of the CourtGill, J.
statement The above named Browne, justice of the peace, and Heaeock, constable, appeal from a judgment of the Jackson county criminal court disallowing certain claims for costs in some four misdemeanor cases which were begun before said justice by complaint and information, and which said prosecutions were dismissed by the state without trial.
The record before us discloses about this state of facts: In December, 1893, Marcy K. Brown was prosecuting attorney for Jackson county, and J. S. Brooks was an assistant, duly appointed as by statute provided. Secs. 662, 663, 664, R. S. 1889. About that…
2Cases cited3 opinions
- State v. RansbergerMissouri Court of Appeals · 1890
- State v. HynesMissouri Court of Appeals · 1890
- State v. FlowersMissouri Court of Appeals · 1894
3Cited by4 opinions
- Williams v. PeopleSupreme Court of Colorado · 1899
- State v. CareySupreme Court of Missouri · 1927
- State ex rel. Public Schools of Stoddard County v. CrumbSupreme Court of Missouri · 1900
- State v. KempMissouri Court of Appeals · 1940