State v. White
Missouri Court of Appeals
Appeal from the Sullivan Circuit Court. — Hon. W. W. Rucker, Judge. (1) The validity of the information, sufficient in form and substance, and signed by the proper officer, is not affected by appending to it the affidavit of the prosecuting witness. State v. Zeppenfield, 12 Mo. App. 573; State v. Buck, 43 Mo.
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Appeal from the Sullivan Circuit Court. — Hon. W. W. Rucker, Judge. (1) The validity of the information, sufficient in form and substance, and signed by the proper officer, is not affected by appending to it the affidavit of the prosecuting witness. State v. Zeppenfield, 12 Mo. App. 573; State v. Buck, 43 Mo. App. 443. (2) Where the sworn complaint of one having actual knowledge of the commission of an offense is deposited by him with the prosecuting attorney, it is not necessary for it to accompany the information and be filed with the justice. The prosecuting attorney has the right to…
1Opinion of the CourtSmith, P. J.
It appears from the record before us that one Burrus made a complaint verified by his oath before a justice of the peace, setting forth that Daniel White had committed an assault and battery, etc., which said complaint was delivered to the prosecuting attorney of Sullivan county, the county where the offense was alleged to have been committed. The prosecuting attorney thereupon filed with a justice of the peace having jurisdiction of- the offense, an information charging upon “information, based on the affidavit of Robert H. Burrus, that Daniel White, on the -day of February, 1893, at…
2Cases cited5 opinions
- State v. RansbergerSupreme Court of Missouri · 1891
- State v. RansbergerMissouri Court of Appeals · 1890
- State v. ShawMissouri Court of Appeals · 1887
- State v. CornellMissouri Court of Appeals · 1891
- State v. DavidsonMissouri Court of Appeals · 1891
3Cited by8 opinions
- State v. FuserMissouri Court of Appeals · 1898
- State v. LewisMissouri Court of Appeals · 1897
- State v. LumanMissouri Court of Appeals · 1896
- State v. SartinMissouri Court of Appeals · 1896
- State v. GrubbMissouri Court of Appeals · 1897
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