The opinion
BRETT, Presiding Judge
(specially concurring) .
Article 2, § 17, Oklahoma State Constitution provides in part:
“No person shall be prosecuted criminally in courts of record for felony or misdemeanor otherwise than by presentment or indictment or by information. * * * Prosecutions may be instituted in courts not of record upon a duly verified complaint.” (Emphasis added.)
Title 22 O.S. § 303, concerning the verification of informations, provides:
“[A]ll informations shall be verified by the oath of the prosecuting attorney, complainant or some other person.”
It is observed that the Court of Common Pleas of Oklahoma County was 1 a court of *955 record; and that plaintiff in error was tried in'said court. Consequently, it was required that the misdemeanor charge be filed — under these circumstances — by information. The information was verified in positive terms, and was therefore sufficient to show probable cause, I therefore concur with Judge BUSSEY’s holding herein.
. Court of Common Pleas is now a division of the district court.