State v. Doerries
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Hon. N. D. •Thurmond, Judge. The judgment is illegal, cruel and unusual, and unconstitutional. Defendant was prosecuted for violation of sec. 4709, R. S. 1909, and the punishment is provided for by sec. 4912 and is a fine, and imprisonment in the county jail, or both.
Read the full summary
Appeal from Callaway Circuit Court. — Hon. N. D. •Thurmond, Judge. The judgment is illegal, cruel and unusual, and unconstitutional. Defendant was prosecuted for violation of sec. 4709, R. S. 1909, and the punishment is provided for by sec. 4912 and is a fine, and imprisonment in the county jail, or both. While under sec. 4915, county courts have the right to wort prisoners sentenced to jail in certain particulars, that does not authorize the circuit court to render a judgment even to do the things which the county court has a right to compel the prisoner to do. Bnt in this case, the court…
1Opinion of the Court
BLAIR, C.
Appellant was convicted in the circuit court of Callaway county of disturbing the peace of a person. On a verdict assessing the punishment at a fine of two hundred dollars and thirty days in jail the trial court entered the following judgment:
“It is therefore ordered and adjudged by the court that the defendant be confined in the county jail for a period of thirty days from this date, and it is ordered and adjudged by the court that during said period of time the defendant be sentenced to hard labor under the direction and supervision of the county court of Callaway county, Missouri,…
2Cited by1 opinion
- State ex rel. Excelsior Powder Manufacturing Co. v. EllisonSupreme Court of Missouri · 1914