In re Cummings

• Decision Date: 05 September 1901
• Citation: 66 P. 332,11 Okla. 286,1901 OK 53
• Parties: In re CUMMINGS.
• Court: Oklahoma Supreme Court

66 P. 332

11 Okla. 286, 1901 OK 53

In re CUMMINGS.

Supreme Court of Oklahoma

September 5, 1901

Syllabus by the Court.

1. The objection that a criminal complaint is verified on information and belief is waived by pleading to the merits or entering into a recognizance for appearance at a future day.

2. A verification on information and belief is sufficient for every purpose except merely the issuing of the warrant for the arrest of the defendant, and the objection to such verification must be made by motion to quash the warrant before plea to the merits, or other steps taken which will operate as a waiver of such defect.

Original application for habeas corpus by Charles Cummings. Application refused, and prisoner remanded.

Robt. A. Lowry, for petitioner.

BURFORD C.J.

The petitioner, Charles Cummings, seeks to be discharged from a commitment based upon a judgment of the police judge of the city of Stillwater adjudging him guilty of violating one of the ordinances of said city. The complaint was verified on information and belief. The petitioner was arrested, and when brought before the police court was arraigned, and entered a plea of not guilty, and was released on his own recognizance for his appearance at a future day, and the cause was continued. Subsequent to this he filed a motion to quash the warrant for the reason that the complaint or information upon which the warrant was issued was not properly verified.

A verification of a criminal complaint on information and belief is sufficient for every purpose except merely the issuing of the warrant for the arrest of the defendant, and the objection to the verification must be made by motion to quash the warrant before plea to the merits, or other steps taken which will operate as a waiver of the defect in the verification. A plea to the merits, or entering into a recognizance for appearance at a future day, is a waiver of any defect in the verification. State v. Barr, 54 Kan. 230, 38 P. 289; State v. Blackman, 32 Kan. 615 5 P. 173; State v. Otey, 7 Kan. 69; State v Hook, 4 Kan. App. 451, 46 P. 44; Bailey v. State (Neb.) 55 N.W. 241; State v. Bjorkland, 34 Kan 377, 8 P. 391; State v. Longton, 35 Kan. 375, 11 P. 163; State v. Ruth, 21 Kan. 583; People v. Murphy, 56 Mich. 546, 23 N.W. 215; Washburn v. People, 10 Mich. 372; People v. Williams, 93 Mich. 623, 53 N.W. 779; People v. Harris (Mich.) 61 N.W. 871. By pleading not guilty to the charge...