Legal Opinion

State v. Fitzporter

Missouri Court of Appeals

Decided April 7, 1885PublishedCited by 9 opinions

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Appeal from the St. Louis Court of Criminal Correction, Noonan, J. There is no such prosecuting officer in the city of St. Louis, -or state of Missouri, as acting assistant prosecuting attorney of the St. Louis ' court of criminal correction. The court will judicially take notice that there is no such prosecuting officer in the city of St. Louis as acting assistant prosecuting attorney of the St. Lpuis court of criminal correction, and will judicially notice who are the de facto prosecuting officers of the city of St. Louis and their powers and duties. — Rev. Stat., sects. 16 and 18, p. 1513…

1Opinion of the CourtLewis, P. J.

The information'charging the defendants with administering medicines and using instruments with intent to procure an abortion is filed in the name of “Wm’ J. Reed, acting assistant prosecuting attorney of the St. Louis Court of Criminal Correction, now here in court, on behalf of the State of Missouri,” and is verified by the affidavit of John A. Hobbs, who “upon his oath says that the facts stated in the above information are true, according to his best knowledge and belief.” The appellants object that the information is not filed by the proper officer, and that it is not verified as the law…

2Cases cited3 opinions

State v. DeBarSupreme Court of Missouri · 1874
Ex parte ThomasMissouri Court of Appeals · 1881
State ex rel. Baker v. FialaSupreme Court of Missouri · 1871

3Cited by9 opinions

Edwards v. St. Louis CountySupreme Court of Missouri · 1968
Warren v. CrosbyOregon Supreme Court · 1893
State v. FravinSouth Dakota Supreme Court · 1915
Portland v. ParkerOregon Supreme Court · 1914
State v. BachMissouri Court of Appeals · 1887

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