Legal Opinion

State v. Ross

Missouri Court of Appeals

Decided May 8, 1906PublishedCited by 5 opinions

Appeal from Greene Criminal Court. — Hon. Jas. J. Gideon, Judge. Statement. — This is a proceeding by information charging the commission of three several misdemeanors in three several counts. In the first count, it is charged that defendant did, on July 12,1903, “said day being the first day of the week commonly called Sunday, .... willfully and unlawfully expose to sale certain goods, wares and merchandise, to-wit; soda-water,” etc.

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Appeal from Greene Criminal Court. — Hon. Jas. J. Gideon, Judge. Statement. — This is a proceeding by information charging the commission of three several misdemeanors in three several counts. In the first count, it is charged that defendant did, on July 12,1903, “said day being the first day of the week commonly called Sunday, .... willfully and unlawfully expose to sale certain goods, wares and merchandise, to-wit; soda-water,” etc. In the second count, it is charged that the defendant did on said 12th day of July, 1903, “said day being the first day of the week and commonly called Sunday,…

1Opinion of the CourtNortoni, J.

(after stating- the facts). — There are no assignments of error before the court nor briefs filed on behalf of either party to the record. Notwithstanding this fact, however, under the provisions of section 2716, R. S. 1899, it becomes the duty of the court “to proceed without delay and render judgment upon the record.” The statutory mandate proceeds, of course, upon the theory that the court has jurisdiction of the cause, for without such, there is no power to determine or “to render judgment upon the record,” and therefore the ques*403tion of the jurisdiction of the court, lying at the very…

2Cases cited10 opinions

  1. State v. BollingerSupreme Court of Missouri · 1879
  2. State v. ClipperSupreme Court of Missouri · 1898
  3. State v. RisleySupreme Court of Missouri · 1880
  4. State v. SpearSupreme Court of Missouri · 1840
  5. State v. CarrSupreme Court of Missouri · 1898

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. CarsonSupreme Court of Missouri · 1929
  2. State v. CraigSupreme Court of Missouri · 1909
  3. State v. DallasNew Mexico Supreme Court · 1917
  4. State v. DempseyMissouri Court of Appeals · 1913
  5. State v. WilksonMissouri Court of Appeals · 1909

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