18 Mo. App. 395
Decided June 15, 1885
Missouri Court of Appeals · decided 1885-06-15
H. S. Kelly, J. Statement of case by the court. This is a prosecution, charging drunkenness in office, under section 1642 of the Revised Statutes, instituted ih a justice’s court upon the affidavit alone of a private citizen. There was-filed before said justice no information by the prosecuting attorney of the county. Upon a trial in the justice’s court, the defendant was found guilty. The defendant appealed to the circuit court of Nodaway county.
Cited by 1 later decisions — most recently April 1890
1 state decisions
Relies on State v. Kelm
Good law ✅— No negative treatment on recordhow we know
Reversed, and prosecution dismissed · Decided 1885-06-15
View the full empirical analysis of this case →
¶1Opinion by
¶2It is not necessary to' notice more than one point made here by defendant.
¶3No information was filed with the justice by the prosecuting attorney. The prosecution was based upon an affidavit alone of a private citizen. A prosecution so instituted can not be maintained. The State v. Kelm, 79 Mo. 515.
¶4The judgment of the circuit court is reversed, and' the prosecution is dismissed.