State v. Freeman
Missouri Court of Appeals
Appeal from the Chariton Circuit Court. — Hon. Gr. D. Burgess, Judge. The trial court should have sustained appellant’s motion in the nature of a plea in bar, and by refusing to do so and holding appellant for trial, committed manifest error.
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Appeal from the Chariton Circuit Court. — Hon. Gr. D. Burgess, Judge. The trial court should have sustained appellant’s motion in the nature of a plea in bar, and by refusing to do so and holding appellant for trial, committed manifest error. State v. Simonds, 3 Mo. 414; State v. Cowan, 29 Mo. 330; State v. Thornton, 37 Mo. 360. It is presumed as a matter of law that all who are charged with the administration or execution of the laws, from the humblest to the highest, discharge their duties in good faith. The burden is on him who asserts the contrary. 2 Best on Ev. [Morgan’s Ed.], p. 621,…
1Opinion of the CourtEllison, J.
— The defendant committed an assault and battery within the limits of the city of Brunswick, a city of the fourth class, contrary to the ordinances thereof. This breach of the peace of the city coming to the knowledge of the city marshal, he took defendant into custody without a warrant or writ and took him before the police judge of said city. The police judge entered on his docket the verbal complaint of the marshal, reciting the complaint as .the “information” of the marshal. The defendant pleaded guilty and was fined. The docket entries sufficiently show the committing of an offense…
2Cases cited4 opinions
- State v. HolcombSupreme Court of Missouri · 1885
- State v. CowanSupreme Court of Missouri · 1860
- State v. ColeSupreme Court of Missouri · 1871
- City of Salisbury v. PattersonMissouri Court of Appeals · 1887
3Cited by1 opinion
- Burnham, Hanna, Munger & Co. v. Greenwich InsuranceMissouri Court of Appeals · 1895