State v. Ransberger
Missouri Court of Appeals
Appeal from the Saline Criminal Court. — Hon. John E. Ryianb, Judge. (1) The court erred in overruling motion in arrest. Under the law as it then was, the information was wholly insufficient, not being based on the affidavit of anyone having personal knowledge of the crime, nor upon the personal knowledge of the prosecuting attorney. State v. Humble, 34 Mo. App. 343; State r¡. Wilkson, 36 Mo.
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Appeal from the Saline Criminal Court. — Hon. John E. Ryianb, Judge. (1) The court erred in overruling motion in arrest. Under the law as it then was, the information was wholly insufficient, not being based on the affidavit of anyone having personal knowledge of the crime, nor upon the personal knowledge of the prosecuting attorney. State v. Humble, 34 Mo. App. 343; State r¡. Wilkson, 36 Mo. App. 373. (2) The information in this case, and that in State v. Humble, supra, are alike, and subject to same vice. This information was filed July 10, 1889, and the case finally, tried in September,…
1Opinion of the CourtEllison, J.
This prosecution was begun before a. justice of the peace of Saline county by information from the prosecuting attorney charging defendant with lasciviously and lewdly cohabiting with a female therein named. The only objection urged to the information is in relation to the affidavit made by the prosecuting-attorney and attached thereto. The affidavit is, “that the facts stated in the foregoing information are true according to-his best information and belief,” etc. The specific objection is that the affidavit should have been based upon the knowledge of the prosecuting attorney, and not…
2Cases cited7 opinions
- Ex parte SlaterSupreme Court of Missouri · 1880
- State v. KelmSupreme Court of Missouri · 1883
- State v. WilksonMissouri Court of Appeals · 1889
- State v. BriscoeSupreme Court of Missouri · 1883
- State v. RussellSupreme Court of Missouri · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. BeckerSouth Dakota Supreme Court · 1892
- State v. KyleSupreme Court of Missouri · 1901
- State v. PruettMissouri Court of Appeals · 1895
- State v. WhiteMissouri Court of Appeals · 1893
- State v. UlrichMissouri Court of Appeals · 1902
9 more not listed; retrieve them via the Exa API.