State v. Rockwell
18 Mo. App. 395
Mo. Ct. App.
1885
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Opinion by

Hall, J.

It is not necessary to' notice more than one point made here by defendant.

No information was filed with the justice by the prosecuting attorney. The prosecution was based upon an affidavit alone of a private citizen. A prosecution so instituted can not be maintained. The State v. Kelm, 79 Mo. 515.

The judgment of the circuit court is reversed, and' the prosecution is dismissed.