State v. Whitaker
Missouri Court of Appeals
Appeal from the Harrison Circuit Court. — Hon. P. O. Stepp, Judge. The complaint or affidavit does not set forth the slanderous words alleged to have been spoken, nor in whose presence and hearing they were spoken. It was therefore fatally defective. State v. Derry, 20 Mo. App. 552; State v. Buck, 43 Mo. App. 443; State v. Matheis, 44 Mo.
Read the full summary
Appeal from the Harrison Circuit Court. — Hon. P. O. Stepp, Judge. The complaint or affidavit does not set forth the slanderous words alleged to have been spoken, nor in whose presence and hearing they were spoken. It was therefore fatally defective. State v. Derry, 20 Mo. App. 552; State v. Buck, 43 Mo. App. 443; State v. Matheis, 44 Mo. App. 294; R. S. 1889, sec. 4329. (2) The information does not purport to be on the personal knowledge, information or belief of the prosecuting attorney. The affidavit shows that it is the basis of the information; it is entitled “Affidavit for information,”…
1Opinion of the Court
Smith, P. J. —
statement. A complaint-was filed before a justice of the peace charging that the defendant herein, “on sundry and at divers times within the last year, at the said county of Harrison, did then and there unlawfully and falsely accuse my daughter Mabel Oanaday of fornication and whoredom.” Upon this complaint a warrant was issued and the defendant arrested and brought before the justice where the prosecuting attorney appeared and filed an information, sufficiently charging an offense under section 3868, Revised Statutes, but as to whether or not such information was filed on the…
2Cases cited11 opinions
- State v. ShawMissouri Court of Appeals · 1887
- State v. BuckMissouri Court of Appeals · 1891
- State v. WhiteMissouri Court of Appeals · 1893
- State v. CornellMissouri Court of Appeals · 1891
- State v. DavidsonMissouri Court of Appeals · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Scott v. DavisMissouri Court of Appeals · 1959