State v. Luman
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) Stripped of verbiage, the first ground of the motion to quash is, that the amended affidavit of Coiner is to affiant’s “best knowledge, information, and belief,” and that this is not a sufficient verification, as decided by this court. State v. Davidson, 46 Mo.
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Appeal from the Barton Circuit Court. — Hon. D. P. Stratton, Judge. (1) Stripped of verbiage, the first ground of the motion to quash is, that the amended affidavit of Coiner is to affiant’s “best knowledge, information, and belief,” and that this is not a sufficient verification, as decided by this court. State v. Davidson, 46 Mo. App. 9. (2) Notwithstanding that opinion, rendered apparently without knowledge of the Bennett case, decided about the same time, it is respectfully submitted that the verification of an information is sufficient where the affiant states that the facts are true,…
1Opinion of the CourtEllison, J.
This prosecution is by information,, by the prosecuting attorney of Barton county, based on the affidavit of a private person. The affidavit, perhaps being deemed insufficient, was made more formal and complete by amendment, wherein the affiant, instead of swearing outright to the truth of the matters-charged, changed it so as to read that he “states to his best knowledge, information, and belief, that on or about,” etc. The circuit court sustained a motion to quash on the ground that the amended affidavit was-insufficient in such form. The statute authorizes any private person to make an…
2Cases cited9 opinions
- State v. HaywardSupreme Court of Missouri · 1884
- State v. BennettSupreme Court of Missouri · 1890
- State v. RansbergerSupreme Court of Missouri · 1891
- State v. RansbergerMissouri Court of Appeals · 1890
- State v. WhiteMissouri Court of Appeals · 1893
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3Cited by2 opinions
- State v. WhitakerMissouri Court of Appeals · 1898
- State v. ThayerSupreme Court of Missouri · 1900