The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-12-15

1900. indictments and nformations became con
| current methods for the prosecution of felonies
! Prior to that felonies could only be prose
| cuted by Indictment. Soon after the adoption
Of the amendment a question arose as 10 tn,
| time it went into effect and whether It was self
enforcing without the aid OF legislation. II
| State Kyle. 1f6 Mo. "a. the court in hant
| held that the amendment took effect from this
| time of tho canvass of the vote the amend
| ment by the Secretary of State. and that II
| was self-cnforcins and operative from the date
| it took effect: to wit. December 10 1860.
| In January. 1901. and prior to any legislation
| regulating tho mode .. proc eeding by informa-
| titn in felony cases. the Prosecuting Attorney
of Moniteau County filed his Information against
I, Kyle. charging him with robbery.
| The information on that case was assuilel
| because It not verified by the Prosecuting
| Attorney and not 10 by any private per-
| son competent TO testify in the case but /. was
! held that in the absence of statute prcscrib-
| ing the mode of procedure by information in
| the prosecution Of felones and as informal io.,
was used In the amendment In its common law
| sense. resort must be held to the common law
! (" determine its suffc;cncy and it was held
sufficient without notification OF a sIpporting
affidavit
At the regular session OF tho General As
s''inoy in 1901, and on the 18th Of March, 1901
on the subject Of prosecutions by Information
to the new order of things and accordingly
| article of chapter 1G. Revised Statutes 1892
was amended by inserting in section 2i76 after
the word ''irdictn,ent' the words .or inrorma-
ton. 50 as to make that section read: IAN
felonies shall be prosecuted by Indictment or
information. except. etc
Section 2iIs was also amended by striking out
the word ''misiemeanor'' therein and inserting
In lieu thereof the word Crime
Thus amended it is obvious that the revised
statutes Of 1899. article . of chapter 1s pro-
rided n statutory method Of prosecuting fcIonies
by information and directing when or where
they should be filed. and in section 2i77 specific
ally requiring that information should be veri-
fed by the oath of the prosecuting attorney or
by the oath OF some person competent to tes-
tify or be supported by affidavit OF such person
fled with the Information.
So that whole there was no statutory method
cf procedure provided when the Kyle case
arose. and for that reason the conmon-law form
Of information adjudsed sufficient When
this prosecution commenced there WIS :,
specific statutory provision Soverrin; this
method Of prosecution AMI winch no one
VIII question the tight Of the Legislature 20
prescribe
When our General Assembly took this subject
in hand and directed the form of prosecutions
b. Information. the common law on this sub
jcct 10 longer obtained 1t was the obvious
purpose Of the Legislature. in view OF the
amendment to the Constitution. to rcvis. .be
whole subject matter Of the prosecutions l,y in
formation and 10 make article i'll of chapter xvi
Il. =. 1889. uniform In its operation as t, all
grades of crime. and It must he held that ,he
acts Of March IL. 1891 flaws OF Missouri 1911
pages ls 1851. operated to supersedc the common
law on the suhjec: and slat they were in