State ex rel. Kleinsorge v. Bante
Missouri Court of Appeals
Appeal from the St. Louis County Circuit Court. — Hon. William W. Edwards, Judge. The information in this case was unquestionably filed by the prosecuting attorney upon his own knowledge, and not upon a complaint made by the injured party and deposited with him, or filed with the justice of the peace, as is required by section 2026 of the Revised Statutes of 1879, as amended by the ■ acts of 1885, (see Acts 1885, p. 145,) and though the appellant, Aug.
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Appeal from the St. Louis County Circuit Court. — Hon. William W. Edwards, Judge. The information in this case was unquestionably filed by the prosecuting attorney upon his own knowledge, and not upon a complaint made by the injured party and deposited with him, or filed with the justice of the peace, as is required by section 2026 of the Revised Statutes of 1879, as amended by the ■ acts of 1885, (see Acts 1885, p. 145,) and though the appellant, Aug. Kleinsorge, has, in the record, been improperly •called the “prosecuting witness,” it does not make him such in fact, for there is no…
1Opinion of the CourtRombauer, P. J.
The appeal in this case grows out of a prosecution, for a misdemeanor, brought before a justice of the peace, wherein, upon information of the prosecuting attorney, verified by the affidavit of the appellant, the ■defendant, Louis Bante, was charged under section 1364, Revised Statutes, with unlawfully removing a certain corner stone, which marked the boundary line between Bante and appellant.
At the trial before the justice the defendant was ■convicted, but upon trial anew in the circuit court, upon appeal, he was acquitted. The court thereupon entered judgment for costs against Kleinsorge…
2Cited by1 opinion
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