Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1893-01-26


peals hold that the prosecuting attorn-
ey's own knowledge must be his per-
sonal knowledge; personal knowledge,
as understand it, is such knowledge
as we gather direct and in person, with
out the interventure of another.
In the case of the State of Mo. VS..
Humble, "a Mo. Appeals Report, S4S.
there is an Information filed by the
prosecuting attorney. subscribed and
sworn to on his information and belief;
the defendant was convicted in the cir
cult court and the judgment reversed
and the defendant discharged in the
appellate court upon the question that
the prosecuting attorney did not have
personal knowledge of the commission
of the offense. The court says, ssthe
statutory provisions taken by them
selves, or in connection with other sec
tions, no where countenance the idea
that such an information can be based
upon the bare information and belief of
the prosecuting attorney. and unless
that Information and belief has for its
foundation an affidavit made by per-
son who has knowledge that An offense
has been committed, which must either
accompany the Information or be refer
red to therein, it is insufficient to au-
thorize the filing of such criminal in
formation by the prosecuting attorney. T"
In the So Mo. App. page 373, the ques-
ton of personal knowledge is discuss
ed. The court, among other things,
says: 1.-The personal knowledge con-
<holr
edge of all the facts necessary to estab-
lish the guilt of the person sought to
be charged in its entirety, but the per-
SON making the complaint, or the pros
ecuting attorney, ought to have some
personal knowledge of some facts and
circumstances pointing to the guilt of
defendant. The primary object of the
statute is to prevent and suppress
crime, but at the same time not to sub
ject persons to. prosecutions without
probable cause; and, in order to pre-
vent the latter, the legislature has re-
quired Information before justices OF
the peace to be predicated on personal
knowledge as distinguished from mere
rumor." In the 43 Mo. App. R., 443,
the subject of personal knowledge OF
the prosecuting attorney, or of an in
former, is again one of the questions
therein decided, in which the court
says, ssa criminal Information before a
justice of the peace must be based up
on the personal knowledge either OF
the prosecuting attorney or of an in
former"
From the authority of the appellate
courts prescribing the rule for my offic.
ial conduct and defining for my person.
al knowledge, take it that the REGIS.
TER doesn't believe that have personal
knowledge of the 'ssoiled doves" and
others stealing chickens.
The supreme court, in a late case, ]
understand, have overruled the author.
ity herein cited, but haye no official
report of the opinion, and do not know
that it is so. When l get it and con-
clude they have changed the rule and
have authorized prosecuting attornies,
on their own motion, to file informa-
tions predicated upon general rumor-
if that rumor can salty me there is any
chance for a conviction-I would, in
cases like this, institute the prosecu-
ton; but in my opinion would regard
the new rule to be a very dangerous
precedent to establish, as a great many
of us have the prospective conviction
fee only in view.
In conclusion, allow me to say that
am guided by the same rules in the
capacity of city attorney, and do no,
regard it as the best of citizenship in
any one to be continually omp!aining
to the public and through the columns
of your paper about the various offens.
es committed against them and their
property. With the ample. provisions
already made by our legislature to
suppress and punish crime, there is
nothing in the way of my prosecuting
these people. except a chance to do so.
I am not ruled through the spirit OF
fear, favor or affection in the matter.
They should be punished. The law
should be indicated; everything that
can be possibly brought to bear that
would have tendency to elevate our
community should be done. My Office
is the middle left-hand door as you en-
ter the courthouse from the east, where
sign with my name on it swings TO the
breeze. j. S. JORDAN,
Prosecuting Attorney.
All Free,