Ex parte Olden
Missouri Court of Appeals
The verification was not sufficient. The state constitution inhibits the seizure of any person upon warrant not “supported by oath or affirmation reduced to writing.” Section 1762, Revised Statutes, permits the prosecuting attorney to verify informations upon 1 ‘ information and belief.”
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The verification was not sufficient. The state constitution inhibits the seizure of any person upon warrant not “supported by oath or affirmation reduced to writing.” Section 1762, Revised Statutes, permits the prosecuting attorney to verify informations upon 1 ‘ information and belief.” The Session Acts of 1885, page 145, provide in reference to filing informations before justices of the peace,' but do not modify the verification required by section 1762, nor do they attempt in any way to prescribe the character of verification. Section 19, Revised Statutes, page 1514, attempts to authorize…
1Opinion of the Court
Rombauer, P. J.,
delivered the opinión of the court.
The petitioners were convicted of petit larceny in the St. Louis court of criminal correction, and sentenced *119to imprisonment in the city workhouse for the term of six months. While in the transient custody of the sheriff, they sued out this writ against that officer, claiming that the court, before which they had been tried, had no jurisdiction, and that they are illegally restrained of their liberty. The sheriff made return purporting to show that they were convicted upon information duly filed and verified, and that the trial court had full…
2Cases cited7 opinions
- State v. ClarkeSupreme Court of Missouri · 1873
- State v. HayesSupreme Court of Missouri · 1884
- State ex rel. Campbell v. St. Louis Court of AppealsSupreme Court of Missouri · 1888
- State v. DeBarSupreme Court of Missouri · 1874
- State v. FitzporterMissouri Court of Appeals · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. LumanMissouri Court of Appeals · 1896
- State Ex Rel. Bloker v. ByrdMissouri Court of Appeals · 1921