State v. Quintini
Mississippi Supreme Court
From the circuit court of Hancock county. Hon. Thaddeus A. Wood, J. The case was a prosecution in the court below by the state against Quintini; the prosecution there failing, the state appealed to the supreme court as authorized by statute. The facts are stated in the opinion of the court. An affidavit in a criminal case can be made upon information and belief. Certainly there are many reasons why it should be allowed to be done.
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From the circuit court of Hancock county. Hon. Thaddeus A. Wood, J. The case was a prosecution in the court below by the state against Quintini; the prosecution there failing, the state appealed to the supreme court as authorized by statute. The facts are stated in the opinion of the court. An affidavit in a criminal case can be made upon information and belief. Certainly there are many reasons why it should be allowed to be done. This court recognizes the principle that an affidavit can be made upon information and belief. Coppook v Smith, 54 Miss., 641. The question of affidavits is also…
1Opinion of the CourtTerral, J.
Augustine Quintini was tried and convicted before Edwin P. Laizer, a justice of the peace of Hancock county, of an assault and battery upon Henry Bosette, and fined five dollars, from which conviction he appealed to the circuit court of said county, where, on motion of the said Quintini, the affidavit was quashed, and the defendant discharged.
The affidavit is in these words :
‘ ‘ The State of Mississippi, “ Hancock County.
“Before me, Edwin Laizer, a justice of the peace for the fifth district of said county and state, Albert J. Carver, constable, on information and belief, makes oath that…
2Cases cited3 opinions
- State v. DavieWisconsin Supreme Court · 1885
- Bigham v. StateMississippi Supreme Court · 1882
- Coulter v. StateMississippi Supreme Court · 1897
3Cited by3 opinions
- Moore v. StateMississippi Supreme Court · 1925
- Loeb v. StateMississippi Supreme Court · 1923
- Bufkin v. StateMississippi Supreme Court · 1923