State v. Meed
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Eon, Eenry G. Riley, Judge. (1) The affidavit for appeal substantially complied with all the requirements of the statute. The defendants, pending the State’s motion to dismiss the appeal, tendered an unobjectionable affidavit which should have been allowed, and the court erred in dismissing defendant’s appeal. State v. Thompson, 81 Mo. 163; State 'v. Cook, 31 Mo. App. 57; De Soto v. M’erciel, 53 Mo.
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Appeal from Pemiscot Circuit Court. — Eon, Eenry G. Riley, Judge. (1) The affidavit for appeal substantially complied with all the requirements of the statute. The defendants, pending the State’s motion to dismiss the appeal, tendered an unobjectionable affidavit which should have been allowed, and the court erred in dismissing defendant’s appeal. State v. Thompson, 81 Mo. 163; State 'v. Cook, 31 Mo. App. 57; De Soto v. M’erciel, 53 Mo. App. 61. (2) The affidavit for appeal was filed with the justice in time; the appeal bond was approved by the justice and was sufficient to compel the…
1Opinion of the CourtBland, P. J.
On information filed by the prosecuting attorney of Pemiscot county, before F. W. Phleger, Esq., justice of the peace, in said county, defendants were convicted of a violation of section 2175, Revised Statutes 1899, and their punishment assessed at a fine of fifty dollars each. On the day judgment was rendered, the following affidavit for an appeal was filed with the justicé, and a bond for the appearance of de*415fendants in the Pemiscot Circuit Court to answer the information was duly executed and approved by the justice :
“J. E. Duncan, one of the attorneys for the above-named defendants, after…
2Cases cited1 opinion
- City of St. Louis v. R. J. Gunning Co.Supreme Court of Missouri · 1897
3Cited by2 opinions
- State v. CampbellSupreme Court of Missouri · 1923
- State v. BirronMissouri Court of Appeals · 1912