94 Mo. App. 32 | Mo. Ct. App. | 1902
The transcript of the record in this case shows that on the first day of May, 1901, three informations were filed in the office of the clerk of the. circuit court of Butler county, against the appellant Edward Patton, each of which charged him with the offense of selling intoxicating liquor without having taken out a license as a dramshopkeeper. These cases were afterwards consolidated and tried as one case by the court sitting as a jury and appellant fined two hundred dollars for each offense; judgment was entered accordingly and an appeal taken to this court.
Only one assignment' of error is made: the refusal of the court to hear oral testimony on the motion in arrest of judgment tending to prove the informations were not verified by the oath of the prosecuting attorney or any one else at the time they were filed; that the affidavit of David W. Hill, appended do each of the informations, was made on the eighth day of May, 1902, instead of the first day of said month, and that -the jurats of thé circuit clerk of said court certifying they were subscribed and sworn to before him on the first day of Alay, were attached by mistake.
This point was not raised until after the trial when it was first sprung in appellant’s motion in arrest. The informations on their faces as they stand in the record, appear to have been properly verified at the date of their filing accord
It is conceded that' the informations were properly verified before the trial and omitting to verify them before filing was, in the circumstances, an irregularity which was cured by the judgment. A more harmless error — one less prejudicial to a defendant — can hardly be conceived and we think the irregularity falls within the curative efficacy of section 2535, Revised Statutes 1899, the last clause of which provides that no indictment or information shall be deemed invalid, nor shall the trial, judgment, or other proceeding therein be stayed, ar
The judgment is affirmed.