70 Mo. App. 40 | Mo. Ct. App. | 1897
On the thirtieth day of November, 1894, there was filed in a justice’s court in Pettis county a pretended complaint by George Eikenbury, charging respondent with assault and battery. This complaint was signed by Eikenbury but was not under oath. Accompanying and following this complaint, and on the same sheet of paper, was an information signed by the prosecuting attorney, which in terms refers to the complaint as the only basis of the charge.
In the circuit court, where the cause was taken by appeal, the court sustained a motion to quash the information, because, while purporting to be based on the complaint of Eikenbury, said complaifit was not sworn to and was, therefore, void. The state appealed.
Judgment affirmed.