City of Pilot Grove v. McCormick
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The violation of a city ordinance is not a criminal offense within the meaning of the constitution, and the proceeding to recover a fine for such violation, therefore, is not necessarily by indictment or information in the name of the state. Fx parte Hallo-well, 74 Mo. 395; The City of St. Louis v. Vert, .84 Mo. 204; City of Kansas v. Ciarle, 68 Mo. 588; City of Marshall v. Standard, 24 Mo.
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Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The violation of a city ordinance is not a criminal offense within the meaning of the constitution, and the proceeding to recover a fine for such violation, therefore, is not necessarily by indictment or information in the name of the state. Fx parte Hallo-well, 74 Mo. 395; The City of St. Louis v. Vert, .84 Mo. 204; City of Kansas v. Ciarle, 68 Mo. 588; City of Marshall v. Standard, 24 Mo. App. 192. (2) The filing of the information was the commencement of the prosecution before the justice." Until that was done there…
1Opinion of the CourtSmith, P. J.
— This is a prosecution by the plaintiff city against the defendant, before the police court of that city, to recover a penalty for the violation of an ordinance thereof. There was a trial which resulted in finding the defendant guilty and from the judgment he appealed to the circuit court where there was judgment for defendant. The plaintiff brings this case here by writ of error.
The history of the case, as gleaned from the record is about this: On the sixteenth of May, 1892, the prosecuting officer of the city filed in the police court thereof, an affidavit charging defendant with the…
2Cases cited15 opinions
- Ex parte HollwedellSupreme Court of Missouri · 1881
- City of Kansas v. ClarkSupreme Court of Missouri · 1878
- City of St. Louis v. SchoenbuschSupreme Court of Missouri · 1888
- State v. KelmSupreme Court of Missouri · 1883
- State v. CowanSupreme Court of Missouri · 1860
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3Cited by8 opinions
- Coffman v. Shell Petroleum Corp.Missouri Court of Appeals · 1934
- Kansas City v. AsbyMissouri Court of Appeals · 1964
- Kansas City Gas Co. v. Kansas CityDistrict Court, W.D. Missouri · 1912
- State v. RobertsonNebraska Supreme Court · 1898
- State v. CriddleSupreme Court of Missouri · 1924
3 more not listed; retrieve them via the Exa API.