State v. Rockwell
Missouri Court of Appeals
Appeal from Nodaway Circuit Court, Hon. H. S. Kelly, J. Statement of case by the court. This is a prosecution, charging drunkenness in office, under section 1642 of the Revised Statutes, instituted ih a justice’s court upon the affidavit alone of a private citizen. There was-filed before said justice no information by the prosecuting attorney of the county. Upon a trial in the justice’s court, the defendant was found guilty.
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Appeal from Nodaway Circuit Court, Hon. H. S. Kelly, J. Statement of case by the court. This is a prosecution, charging drunkenness in office, under section 1642 of the Revised Statutes, instituted ih a justice’s court upon the affidavit alone of a private citizen. There was-filed before said justice no information by the prosecuting attorney of the county. Upon a trial in the justice’s court, the defendant was found guilty. The defendant appealed to the circuit court of Nodaway county. In the circuit court he was again found guilty, and judgment was therein accordingly rendered against him.…
1Opinion of the Court
Opinion by
Hall, J.
It is not necessary to' notice more than one point made here by defendant.
No information was filed with the justice by the prosecuting attorney. The prosecution was based upon an affidavit alone of a private citizen. A prosecution so instituted can not be maintained. The State v. Kelm, 79 Mo. 515.
The judgment of the circuit court is reversed, and' the prosecution is dismissed.
2Cases cited1 opinion
- State v. KelmSupreme Court of Missouri · 1883
3Cited by1 opinion
- Hattan v. Nevada Mining Co.Missouri Court of Appeals · 1890