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52 Mo. 430

State v. Mullen

Supreme Court of Missouri

Decided March 15, 1873

Supreme Court of Missouri · decided 1873-03-15

<p>1. Practice, criminal — Assault and battery — Complaint—Affidavit before a notary sufficient, — An .affidavit to a complaint for assault and battery sworn to before a Notary Public, is sufficient to authorize the issue of a warrant before a Justice of the Peace.</p>

Cited by 2 later decisions — most recently July 1918

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-03-15

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Adams, Judge,

¶1delivered the opinion of the court.

¶2This was a prosecution for assault and battery, commenced before a Justice of the Peace.

¶3The complaint on which the warrant of the Justice was issued was sworn to before a Notary Public of St. Louis County

¶4The point raised here is, that the Justice had no jurisdiction to issue a warrant on an affidavit made before a Notary.

¶5Section three, of the Act concerning Notaries Public, (2 W. S., 959,) authorizes Notaries to take affidavits, and administer oaths and affirmations in like cases, and in like manner as Justices of the Peace. The only object of the information was to authorize the Justice to issue his warrant. If he is satisfied that such informal ion has been duly sworn to before a proper officer, that is sufficient to authorize him to bring the defendant before him for trial.

¶6Judgment affirmed.

The other Judges concur.
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