State v. Huffschmidt
Supreme Court of Missouri
Error to First District Court. I. The indictment is based on section 35, chapter 206, Gen. Stat. 1865 (Wagn. Stat. 504), for the violation of which the law originally provided two remedies: one by civil action before a justice of the peace (Wagn. Stat. 809, § 2; id. 516, § 29); the other by indictment in the Circuit Court {id., §§ 30, 32). The act of 1868 (Sess. Acts 1868, p. 81) did not abojish both remedies.
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Error to First District Court. I. The indictment is based on section 35, chapter 206, Gen. Stat. 1865 (Wagn. Stat. 504), for the violation of which the law originally provided two remedies: one by civil action before a justice of the peace (Wagn. Stat. 809, § 2; id. 516, § 29); the other by indictment in the Circuit Court {id., §§ 30, 32). The act of 1868 (Sess. Acts 1868, p. 81) did not abojish both remedies. (See Const, of Mo., art. iy? § 32, and the title and provisions of the act itself.) Neither- the title nor the body of the act touch the remedy by civil action. There being, then, a…
1Opinion of the CourtBliss, Judge
Defendant was indicted in Franklin county for selling liquor on Sunday, and demurred to the indictment, but was convicted, and appeals upon the .ground that the offense is not an indictable one. The misdemeanor act of March 27, 1868, p. 81, by prohibiting indictments for misdemeanors, by implication repealed section 30 of chapter 207, Gen. Stat. 1865, which provided for indictments where a fine, penalty, or forfeiture was inflicted. The act repealing the act of March 27, 1868, did not in terms restore said section, and can not do it by implication (Wagn. Stat. 894, § 3); so we are without any…
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