State v. Runzi
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Row. E. M. Hughes, Judge. (1) The information is fatally defective, because not verified by the oath of the prosecuting attorney, or some other person, or supported by the affidavit of such person. R. S. 1899, sec. 2177; State v. 0 ’Connor, 58 Mo. App. 157; State v. Cayman, 61 Mo. App. 211; State v. Pruett, Id. 156; State v. Bragg, 63 Mo. App. 22; State v. Bonner, — Mo. —. Counts two to ten, inclusive, do not state offenses.
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Appeal from Montgomery Circuit Court. — Row. E. M. Hughes, Judge. (1) The information is fatally defective, because not verified by the oath of the prosecuting attorney, or some other person, or supported by the affidavit of such person. R. S. 1899, sec. 2177; State v. 0 ’Connor, 58 Mo. App. 157; State v. Cayman, 61 Mo. App. 211; State v. Pruett, Id. 156; State v. Bragg, 63 Mo. App. 22; State v. Bonner, — Mo. —. Counts two to ten, inclusive, do not state offenses. R. S. 1899, sec. 2338. (2) If the case is remanded, the court should direct the trial court to treat counts two to ten, inclusive,…
1Opinion of the CourtBland, P. J.
The first count of the information is as follows:
“State of Missouri, county of Montgomery, ss.
“In the circuit court, at city of Montgomery, May term, 1903.
‘ ‘ State of Missouri, plaintiff, v. Donovan Commission Company, a corporation, Phillip McDermott, president of said corporation, C. E. Hayden, business manager of *said corporation, and Charles Runzi and P. B. Burch, agents and employees of said corporation, defendants.
“First count.
“A. W. Lafferty, prosecuting attorney in and for Montgomery county, Missouri, under his oath of office, informs the court that defendants, the Donovan…
2Cases cited29 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- State v. HaysSupreme Court of Missouri · 1883
- State v. GabrielSupreme Court of Missouri · 1886
- State v. DavisSupreme Court of Missouri · 1879
- State v. GradySupreme Court of Missouri · 1884
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3Cited by4 opinions
- State v. BrannanSupreme Court of Missouri · 1907
- State v. HornSupreme Court of Missouri · 1935
- State v. SharpeMissouri Court of Appeals · 1906
- State v. SanthuffMissouri Court of Appeals · 1908