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State v. Mullen

State of Missouri v. Mary Mullen

State v. Mullen, 52 Mo. 430 (1873)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
March 15, 1873
Judges
Adams, Other
Citations
52 Mo. 430
Headnotes
1. Practice, criminal — Assault and battery — Complaint—Affidavit before a notary sufficient, — An .affidavit to a complaint for assault and battery sworn to before a Notary Public, is sufficient to authorize the issue of a warrant before a Justice of the Peace.
Summary
Appeal from St. Louis Court of Criminal Correction.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Adams

Text extracted by OCR from a scanned original; check the original for exact wording.

Adams, Judge,

delivered the opinion of the court.

This was a prosecution for assault and battery, commenced before a Justice of the Peace.

The complaint on which the warrant of the Justice was issued was sworn to before a Notary Public of St. Louis County

The point raised here is, that the Justice had no jurisdiction to issue a warrant on an affidavit made before a Notary.

Section three, of the Act concerning Notaries Public, (2 W. S., 959,) authorizes Notaries to take affidavits, and administer oaths and affirmations in like cases, and in like manner as Justices of the Peace. The only object of the information was to authorize the Justice to issue his warrant. If he is satisfied that such informal ion has been duly sworn to before a proper officer, that is sufficient to authorize him to bring the defendant before him for trial.

Judgment affirmed.

The other Judges concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1906: 11918: 119062026peak 1906 · 1

Relies on it most ⓘ

  1. Shuler v. State54 S.E. 689 (Ga. 1906)
  2. State v. Van Wormer173 P. 1076 (Kan. 1918)

Most recent

  1. State v. Van Wormer173 P. 1076 (Kan. 1918)
  2. Shuler v. State54 S.E. 689 (Ga. 1906)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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