State v. Derkum
Missouri Court of Appeals
Appeal from Cole Circuit Court, Hon. E. L. Edwards, Judge. The case is stated in the opinion. I. The affidavit is made before W. H. Lusk, circuit court, by C. W. Wallendorf, D. C. There is no such officer known as “ circuit court,” and hence the information is not sworn to as required by law, and the motion to quash it should have been sustained.
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Appeal from Cole Circuit Court, Hon. E. L. Edwards, Judge. The case is stated in the opinion. I. The affidavit is made before W. H. Lusk, circuit court, by C. W. Wallendorf, D. C. There is no such officer known as “ circuit court,” and hence the information is not sworn to as required by law, and the motion to quash it should have been sustained. Sect. 1762, Rev. Stat. It is true in this case the transcript shows that W. H. Lusk was circuit clerk, and C. W. Wallendorf his deputy, but there was no effort to show this fact on the trial, or to amend the affidavit or complaint. II. This…
1Opinion of the CourtEllison, J.
This is a proceeding begun by the prosecuting attorney filing an information against defendant, for selling liquor without license.
Defendant filed a motion to quash the information, which being overruled, and his conviction following, he appeals to this court.
I. 'The first point presented is that the information was filed during term time, with the clerk, and not in the court, and, therefore, was not a legal complaint against defendant, under section 1762, Revised Statutes. The circuit court of Cole county convened December 7, 1885, and, on December 23, adjourned to January 11, 1886. The…
2Cases cited2 opinions
- State v. GrateSupreme Court of Missouri · 1878
- State v. DowningMissouri Court of Appeals · 1886
3Cited by4 opinions
- State Ex Rel. Garvey v. BucknerSupreme Court of Missouri · 1925
- Himmelberger-Harrison Lumber Co. v. KeenerSupreme Court of Missouri · 1909
- State v. JohnsonSouth Dakota Supreme Court · 1927
- Downing v. LashotMissouri Court of Appeals · 1919