Legal Opinion

Town of Kirkwood v. Autenreith

Missouri Court of Appeals

Decided March 7, 1882PublishedCited by 6 opinions

Appeal from the St. Charles Circuit Court, Edwards, J. The town of Kirk-wood had a right of appeal in this cause. —Kansas City v. Clark, 68 Mo. 588. The court erred in refusing the instruction asked by plain tiff, and in giving' the instructions given on own motion and one asked by defendant. — Casey v. The State, 6 Mo. 646; Isbell v. The State, 13 Mo. 86; Hays v. The State, 13 Mo. 246; The State v. Bryant, 14 Mo. 340; Schmidt v. The State, 14 Mo. 137. The court erred in not…

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Appeal from the St. Charles Circuit Court, Edwards, J. The town of Kirk-wood had a right of appeal in this cause. —Kansas City v. Clark, 68 Mo. 588. The court erred in refusing the instruction asked by plain tiff, and in giving' the instructions given on own motion and one asked by defendant. — Casey v. The State, 6 Mo. 646; Isbell v. The State, 13 Mo. 86; Hays v. The State, 13 Mo. 246; The State v. Bryant, 14 Mo. 340; Schmidt v. The State, 14 Mo. 137. The court erred in not granting a new trial as against the law and evidence, there being no conflict in the evidence. — The State v. Loth, 50…

1Opinion of the CourtBakewell, J.

This is a proceeding by the town of Kirkwood against defendant for violation of an ordinance of the town in sell*516hig intoxicating liquors without a license. Defendant was convicted before a justice of the peace, and, on appeal, he was granted a change of venue to St. Charles County, where, on trial anew, the jury found for defendant, and judgment was entered accordingly.

1. The supreme court decided, in City of Kansas v. Clark (68 Mo. 588), that a prosecution under a city ordinance against gaming, though that is an offence under the laws of the state, is civil in form, and not strictly criminal…

2Cases cited3 opinions

  1. City of Kansas v. ClarkSupreme Court of Missouri · 1878
  2. State v. JonesSupreme Court of Missouri · 1875
  3. Casey v. StateSupreme Court of Missouri · 1840

3Cited by6 opinions

  1. Town of Kirkwood v. AutenreithMissouri Court of Appeals · 1886
  2. State v. MeagherMissouri Court of Appeals · 1892
  3. Greene County ex rel. Sims v. WilhiteMissouri Court of Appeals · 1888
  4. Kansas City v. PlumbMissouri Court of Appeals · 1967
  5. State v. QuinnMissouri Court of Appeals · 1890

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