State v. Merchant
This text of 38 Iowa 375 (State v. Merchant) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— We can conceive of no substantial reason for refusing to allow, under the circumstances of this case, the prosecuting witness to sign the information. The affidavits show clearly that the information was in fact sworn to; and that the omisssion of the signature occurred through mere inad[377]*377vertence. The amendment would in no -way prejudice the defendant or compromise his rights.
An information stands upon different grounds from an indictment, and is amendable. Bishop’s Criminal Procedure, Yol. 1, § 6,11, and cases cited; State v. Weare, 38 N. Y., 319, and cases cited.
The court erred we think, in refusing the amendment, and in dismissing the action.
Beversed.
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38 Iowa 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-merchant-iowa-1874.