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75 Mo. 667

State v. Huddleston

Supreme Court of Missouri

Decided October 15, 1882

Supreme Court of Missouri · decided 1882-10-15

<p>Practice, Criminal: prosecution of misdemeanors, A conviction for a misdemeanor upon an affidavit filed by a private person alone, and without an information of the prosecuting attorney, is illegal and void. Sess. Acts 1877, p. 355, § 6.</p>

Cited by 1 later decisions — most recently October 1883

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1882-10-15

View the full empirical analysis of this case →

Hough, J.

¶1At the May term, 1878, of the Oregon *668circuit 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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