Opinion

Hover v. State

  • 471 P.2d 950
  • 1970 OK CR 64
  • 1970 Okla. Crim. App. LEXIS 256
Court
Court of Criminal Appeals of Oklahoma
Filed
May 13, 1970
Status
Published
Author
Brett
On the bench
Bussey, Brett, Nix
Cited by
6 cases

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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