Legal Opinion

State v. Davidson

Missouri Court of Appeals

Decided May 25, 1891PublishedCited by 4 opinions

Appeal from the Hickory Circuit Court.— Hon. W. I. Wallace, Judge. The affidavit and information were both good; both charge an offense in the language of the statutes. State v. Parker, 39 Mo. App. 116; State v. McDaniel, 40 Mo. App. 356; State v. Hatfield, 40 Mo. App. 358; State v. Ferguson, 29 Mo. 416; City of St. Charles v. Meyer, 58 Mo. 86 ; State v. Batson, 31 Mo. 343. (I1) This information is not verified as required by law. R. S. 1889, sec. 4329; State v. Shaw, 26 Mo.

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1Opinion of the CourtGill, J.

Defendants were charged before a justice of the peace for unlawfully disturbing the peace of the prosecuting witness and others. The information of the prosecuting attorney was based on the affidavit of R. P. Moore, filed with the justice, wherein the, offense is charged “to the best knowledge, belief and information” of the affiant. The defendants were convicted in a trial in the justice’s court. Defendants thereupon appealed to the circuit court, where, on a motion filed by said defendants, the information was quashed, and the state appealed.

Whatever may be said as to the legality of the…

2Cases cited1 opinion

State v. ShawMissouri Court of Appeals · 1887

3Cited by4 opinions

State v. WhiteMissouri Court of Appeals · 1893
State v. LumanMissouri Court of Appeals · 1896
State v. WhitakerMissouri Court of Appeals · 1898
State v. ThayerSupreme Court of Missouri · 1900