State v. Hatfield
| Citation | 40 Mo. App. 358 |
| Parties | STATE OF MISSOURI, Appellant, v. DAVID HATFIELD, Respondent. |
| Decision Date | 01 April 1890 |
| Court | Court of Appeal of Missouri (US) |
Criminal Law: INFORMATIONS. An information must be based either upon the personal knowledge of the prosecuting attorney, or upon that of some private person, who lodges with the prosecuting attorney a complaint setting forth the facts, and verifies the same by his affidavit.
Appeal from the Knox Circuit Court.—HON. BEN. E. TURNER, Judge.
AFFIRMED.
William Clancy, Prosecuting Attorney, for the appellant.
G. R. Balthrope, for the respondent.
This is a criminal prosecution, commenced before a justice of the peace on the following information:
WILLIAM CLANCY, "Prosecuting Attorney."
An appeal was taken to the circuit court, and there the information was quashed. The state appeals to this court, and the prosecuting attorney begs us, in view of the conflict between the decisions of this court, hereafter cited, and the decision of the Kansas City Court of Appeals, in the case of State v. Fletchall, 31 Mo. App. 296, to settle the law on the subject of criminal informations before justices of the peace. We have settled it, as far as we can, to the effect that, since the act of 1885 (Laws, 1885, page 145), such an information must be based on the personal knowledge of some one, either on that of some private person lodging with the prosecuting attorney a complaint verified by affidavit and setting forth the facts, or on an information filed by the prosecuting attorney on his own...
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The State v. Thayer
...... following cases the courts of appeal have entertained cases. appealed by the State from judgments on motions to quash the. informations: State v. Pulitzer, 12 Mo.App. 6;. State v. Mahaey, 19 Mo.App. 210; State v. McDaniel, 40 Mo.App. 356; [158 Mo. 73] State v. Hatfield, 40 Mo.App. 358; State v. Crenshaw, 41. Mo.App. 24; State v. Emberton, 45 Mo.App. 56;. State v. Davidson, 46 Mo.App. 9; State v. Graham, 46 Mo.App. 527; State v. Flowers, 56. Mo.App. 502; State v. Murphy, 49 Mo.App. 270;. State v. Hart, 47 Mo.App. 653; State v. McCarver, 47 ......
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State v. O'Kelley
...... . AFFIRMED. . . . Judgment affirmed. . . Howard. Ragsdale and Charles F. Newman for appellants. . . Defendant's. motion to quash should have been sustained. State v. Whitaker, 75 Mo.App. 184; State v. Hatfield, 40. Mo.App. 358; State v. Humble, 34 Mo.App. 343;. State v. Wilkson, 36 Mo.App. 373; State v. Harris, 30 Mo.App. 82; State v. Sartin, 66. Mo.App. 626; State v. Feagan, 70 Mo.App. 406;. State v. Ransberger, 42 Mo.App. 466, 474; State v. Ransberger, 106 Mo. 138; R. S. 1899, sec. 2749. . . ......
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The State v. Heibel
...follows the language of the statute which is descriptive of the offense it is sufficient. [State v. McDaniel, 40 Mo.App. 356; State v. Hatfield, 40 Mo.App. 358; State Hayward, 83 Mo. 299; State v. Davis, 70 Mo. 467; State v. Krueger, 134 Mo. 262, 35 S.W. 604; State v. Bell, 115 Mo.App. 13, ......
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State v. Brown, s. 24908
...been committed.' Defendant cites Sect. 543.020 V.A.M.S. and State v. Wilkson, 36 Mo.App. 373; State v. Humble, 34 Mo.App. 343; State v. Hatfield, 40 Mo.App. 358, and State v. Buck, 43 Mo.App. 443. Those cases hold that an information must be based upon the personal knowledge of the prosecut......