Legal Opinion
Harris v. State
Superior Court of Delaware
Decided June 1, 1951No. 42, September Term, 1950PublishedCited by 12 opinions
1Opinion of the Court
Carey, J.:
The record of the Court below plainly shows that the conviction was not based upon the information actually filed therein but was based upon a different charge verbally entered by the Court. An information, as the word is used in the Family Court Act, is a formal accusation of crime, differing from an indictment only in that it is presented by a prosecuting officer instead of a grand jury. U. S. v. Borger, (C. C.) 7 F. 193; State v. Barrell, 75 Vt. 202, 54 A. 183. Only by information may prosecutions be carried on in that Court. Certainly, a charge entered by the Court itself is not…
2Cases cited7 opinions
- Albrecht v. United StatesSupreme Court of the United States · 1927
- Kyser v. StateAlabama Court of Appeals · 1928
- State v. McKinleySupreme Court of Missouri · 1937
- State v. MeeSouth Dakota Supreme Court · 1941
- United States v. BorgerU.S. Circuit Court for the District of Southern New York · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- City of Dothan v. HollowaySupreme Court of Alabama · 1986
- Honomichl v. StateSouth Dakota Supreme Court · 1983
- Street Road Bar & Grille, Inc. v. Pennsylvania Liquor Control BoardSupreme Court of Pennsylvania · 2005
- Du Pont v. Family Court for New Castle CountySupreme Court of Delaware · 1959
- Eberly v. EberlySupreme Court of Delaware · 1985
7 more not listed; retrieve them via the Exa API.