State v. Sykes

Supreme Court of Missouri

State v. Sykes

225 S.W. 904, 285 Mo. 25, 1920 Mo. LEXIS 148

CourtSupreme Court of Missouri

DecidedDecember 1, 1920

StatusPublished

Cited by3 cases

This text of 225 S.W. 904 (State v. Sykes) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Sykes, 225 S.W. 904, 285 Mo. 25, 1920 Mo. LEXIS 148 (Mo. 1920).

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Opinion

WALKER, J.

Appellants wore charged by information in the Circuit Court of Perry County with robbery in the first degree. Upon a trial they were found guilty and their punishment assessed in each instance at five years’. imprisonment in the penitentiary. From this judgment they appeal.

A complaint verified by the oath of the prosecuting witness was filed before a justice of the peace charging *27 appellants with the offense stated. This complaint, with the other papers in the ease, was, after the preliminary examination, transmitted to and lodged with the Clerk of the Circuit Court. The prosecuting attorney thereupon filed an information stated to be on his oath of office, but not so verified. Nor was it verified by the oath of some person competent to testify as a witness. This was not a sufficient compliance with Section 5057, Revised Statutes 1909, which provides that: “Informations may be filed by the prosecuting attorney as informant during term time, or with the clerk in vacation, of the court having jurisdiction of the offense specified therein. All informations shall be signed by the prosecuting attorney and be verified by his oath or by the oath of some person competent to testify as a witness in the case, or be supported by the affidavit of such person, which shall be filed with the information; the verification by the prosecuting attorney may be upon information and belief. The names of the witnesses for the prosecution must be indorsed on the information, in .like manner and subject to the same restrictions as required in ease of indictments.”

In construing this statute in State v. Lawhorn, 250 Mo. 293, we hold that the verification of the complaint filed' with the justice of the peace and transmitted by him to the circuit court did not meet the requirements of the statute, but that it was necessary to a compliance therewith that an information be filed by the prosecuting attorney verified by his own. oath or that of someone .competent to testify as a witness in the ease. The procedure in the instant ease was in no wise different from that in State v. Lawhorn, supra, which met with our dissapproval.

The error noted, which is conceded bv the Attorney-General, will, therefore, necessitate a reversal and remanding of this case. It is so ordered.

All concur.

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WALKER, J.

Appellants wore charged by information in the Circuit Court of Perry County with robbery in the first degree. Upon a trial they were found guilty and their punishment assessed in each instance at five years’. imprisonment in the penitentiary. From this judgment they appeal.

A complaint verified by the oath of the prosecuting witness was filed before a justice of the peace charging *27 appellants with the offense stated. This complaint, with the other papers in the ease, was, after the preliminary examination, transmitted to and lodged with the Clerk of the Circuit Court. The prosecuting attorney thereupon filed an information stated to be on his oath of office, but not so verified. Nor was it verified by the oath of some person competent to testify as a witness. This was not a sufficient compliance with Section 5057, Revised Statutes 1909, which provides that: “Informations may be filed by the prosecuting attorney as informant during term time, or with the clerk in vacation, of the court having jurisdiction of the offense specified therein. All informations shall be signed by the prosecuting attorney and be verified by his oath or by the oath of some person competent to testify as a witness in the case, or be supported by the affidavit of such person, which shall be filed with the information; the verification by the prosecuting attorney may be upon information and belief. The names of the witnesses for the prosecution must be indorsed on the information, in .like manner and subject to the same restrictions as required in ease of indictments.”

In construing this statute in State v. Lawhorn, 250 Mo. 293, we hold that the verification of the complaint filed' with the justice of the peace and transmitted by him to the circuit court did not meet the requirements of the statute, but that it was necessary to a compliance therewith that an information be filed by the prosecuting attorney verified by his own. oath or that of someone .competent to testify as a witness in the ease. The procedure in the instant ease was in no wise different from that in State v. Lawhorn, supra, which met with our dissapproval.

The error noted, which is conceded bv the Attorney-General, will, therefore, necessitate a reversal and remanding of this case. It is so ordered.

All concur.

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225 S.W. 904, 285 Mo. 25, 1920 Mo. LEXIS 148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sykes-mo-1920.

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