# Hover v. State

> Court of Criminal Appeals of Oklahoma · May 13, 1970 · 471 P.2d 950

URL: https://www.frixlaw.com/law-library/cases/9621523

## Case

- **Full name:** Daniel Neal HOVER, Plaintiff in Error, v. the STATE of Oklahoma, Defendant in Error
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** May 13, 1970
- **Citations:** 471 P.2d 950; 1970 OK CR 64; 1970 Okla. Crim. App. LEXIS 256
- **Precedential status:** Published
- **Opinion:** Concurrence by Brett
- **Judges:** Bussey, Brett, Nix
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9621523

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9621523. Public record. Not legal advice.