City of De Soto v. Merciel
Missouri Court of Appeals
Appeal from the Jefferson Circuit Co%vrt. — Hon. J. F. G-reen, Judge. The requirement that the affidavit for appéal shall he filed immediately does not mean on day of trial, hut it means sufficient time to give the hond, etc., and that the justice must give the defendant the papers to perfect the appeal; and, if the defendant perfects his appeal as soon as he gets the papers and files them, it ought to be held sufficient.
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Appeal from the Jefferson Circuit Co%vrt. — Hon. J. F. G-reen, Judge. The requirement that the affidavit for appéal shall he filed immediately does not mean on day of trial, hut it means sufficient time to give the hond, etc., and that the justice must give the defendant the papers to perfect the appeal; and, if the defendant perfects his appeal as soon as he gets the papers and files them, it ought to be held sufficient. State -v. Anderson, 84 Mo. 524; State v. Herman, 20 Mo. App. 548.
1Opinion of the CourtBiggs, J.
— Section 1565 of the Revised Statutes of 1889 provides that all appeals from the recorder’s court, for the violation of the ordinances of a city of the third class shall be prosecuted in like manner as appeals from judgments of justices of the peace in cases of misdemeanor. The statute regulating appeals to the-circuit court in cases of misdemeanors provides: “Any person convicted before a justice of the peace for any misdemeanor under the provisions of this article may appeal to the circuit court or other court having jurisdiction in criminal cases, if he shall, immediately after-judgment…
2Cases cited7 opinions
- State v. ClevengerMissouri Court of Appeals · 1886
- State v. ThompsonSupreme Court of Missouri · 1883
- State v. EppersonSupreme Court of Missouri · 1835
- Thomas v. StateSupreme Court of Missouri · 1846
- State v. HermanMissouri Court of Appeals · 1886
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3Cited by2 opinions
- Putnam v. PutnamMontana Supreme Court · 1929
- Welsh v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1894