State v. McCarver
Missouri Court of Appeals
Appeal'from the Ste. Genevieve Circuit Court. — Hon. J. L. Pox, Judge The information is sufficient. Sess. Acts, 1885, p. 145 ; State v. Shaw, 26 Mo. App. 383; State v. Eletchall, 31 Mo. App. 301; State v. Hansberger, 42 Mo. App. 466, and State v. Hansberger, 17 S. W. Rep. 290. The verification is ample. State v. Downing, 22 Mo. App. 504. And the oath to the information may be treated as surplusage. State v. Zeppenfield, 12 Mo. App. 574; State v. Buck, 43 Mo.
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Appeal'from the Ste. Genevieve Circuit Court. — Hon. J. L. Pox, Judge The information is sufficient. Sess. Acts, 1885, p. 145 ; State v. Shaw, 26 Mo. App. 383; State v. Eletchall, 31 Mo. App. 301; State v. Hansberger, 42 Mo. App. 466, and State v. Hansberger, 17 S. W. Rep. 290. The verification is ample. State v. Downing, 22 Mo. App. 504. And the oath to the information may be treated as surplusage. State v. Zeppenfield, 12 Mo. App. 574; State v. Buck, 43 Mo. App. 443. It is not necessary that the information should be sworn to by the prosecuting attorney. State v. Eletchall, supra; State v.…
1Opinion of the CourtBiggs, J.
The defendant was tried and convicted before a justice of the peace for an assault and battery. He appealed to the circuit court. The circuit court quashed the information, and the state has appealed. The sufficiency of the information is the only question in the case.
The information reads:
“Edward A. Rosier, prosecuting attorney for Ste. Genevieve county, Missouri, informs E. D. Carter, justice of the peace, as aforesaid, that, on the seventh (?) day of October, 1889, at and in said county of Ste. Genevieve and state of Missouri, one O. P. McCarver did then and there make an assault upon one…
2Cases cited6 opinions
- State v. RansbergerMissouri Court of Appeals · 1890
- State v. WilksonMissouri Court of Appeals · 1889
- State v. BuckMissouri Court of Appeals · 1891
- State v. FletchallMissouri Court of Appeals · 1888
- State v. HatfieldMissouri Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. BrownMissouri Court of Appeals · 1969
- State v. BlandsMissouri Court of Appeals · 1903
- State v. MaupinMissouri Court of Appeals · 1897
- State v. O'KelleyMissouri Court of Appeals · 1906
- State v. ThayerSupreme Court of Missouri · 1900