State v. Huddleston
| Decision Date | 31 October 1882 |
| Citation | 75 Mo. 667 |
| Parties | THE STATE v. HUDDLESTON, Appellant. |
| Court | Missouri Supreme Court |
Error to Oregon Circuit Court.--HON. J. R. WOODSIDE, Judge.
REVERSED.
L. B. Woodside for plaintiff in error.
D. H. McIntyre, Attorney General, for the State.
At the May term, 1878, of the Oregon circuit court, the defendant was tried and convicted upon an affidavit, made by a private person, charging him with unlawfully and willfully disturbing the peace of a school. No information was filed by the prosecuting attorney, based upon said affidavit, as provided by the law then in force, (Acts 1877, p. 355, § 6,) and the conviction was, therefore, illegal and void. The judgment will be reversed.
The other judges concur.
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10 cases
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State v. Sureties of Krohne
... ... This statute [4 Wyo. 361] has been upheld, and has ... never been questioned as unconstitutional. It has been held ... that the affidavit alone is not sufficient where made by a ... private person, but that the information must be filed by the ... prosecuting attorney. State v. Huddleston, 75 Mo ... 667; State v. Sebecca, 76 Mo. 55; State v ... Kelm, 79 Mo. 515; State v. Briscoe, 80 Mo. 643 ... The last two cases cited bear upon the question here and the ... English common law relating to the practice by informations, ... and in State v. Kelm, in declaring that no ... ...
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State v. Hockaday
...John E. Ryland, Judge. Affirmed. Hicklin & Wellborn for appellant. Cited the following authorities: State v. Kelm, 79 Mo. 515; State v. Huddleston, 75 Mo. 667; State Sebecca, 76 Mo. 55; State v. Rockwell, 18 Mo.App. 395; Murry v. Laftern, 15 Mo. 621; State v. Thompson, 81 Mo. 163; Freeman v......
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Volz v. City of St. Louis
... ... Railroad, 233 Mo. 666, 136 S.W. 304), nevertheless the ... defendant, city of St. Louis, is a political subdivision of ... the State within the meaning of Section 12, Article VI, of ... the Constitution, and thus we are invested with appellate ... jurisdiction (Steffen v. St ... ...
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Volz v. City of St. Louis
... ... Railroad, 233 Mo. 666, 136 S.W. 304), nevertheless the defendant, city of St. Louis, is a political subdivision of the State within the meaning of Section 12, Article VI, of the Constitution, and thus we are invested with appellate jurisdiction (Steffen v. St. Louis, 135 ... ...
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