State v. Warnke
Supreme Court of Missouri
Error to Hannibal Court of Common Pleas. No plea of guilty or consent of the defendant can confer jurisdiction over the subject-matter or change the form of proceeding prescribed by law. This court has held that in cases like this the civil remedy is the only one that.can be pursued by the State, and that the offense here committed is not indictable.
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Error to Hannibal Court of Common Pleas. No plea of guilty or consent of the defendant can confer jurisdiction over the subject-matter or change the form of proceeding prescribed by law. This court has held that in cases like this the civil remedy is the only one that.can be pursued by the State, and that the offense here committed is not indictable. (State v. Huffschmidt, 47 Mo. 73 ; McCall v. Peachy, 1 Call, 61-2; Wickliffe v. Dorsey, 1 Dana, 463 ; Kennedy v. Terrill, Hardin, 493 ; Case, etc., v. Wooley, 6 Dana, 20; Brown v. McKee, 1 J. J. Marsh. 476 ; McHenry’s Lessee v. Wallen, 2 Yerg.…
1Opinion of the CourtCurrier, Judge
At the December term, 1869, of the Hannibal Court of Common Pleas, various indictments were found against the defendant for selling liquor on Sunday. At the succeeding June term, 1870, the defendant, attended by his counsel, appeared in court and pleaded guilty to some of the indictments, while others were dismissed by consent at his cost. This was done, as the record shows, under an arrangement with the prosecuting attorney to the effect that the cases should be so disposed of. In the cases where a plea of guilty was entered, a small fine was imposed and final judgment rendered. This writ of…
2Cases cited1 opinion
- State v. HuffschmidtSupreme Court of Missouri · 1870
3Cited by1 opinion
- State v. CivellaMissouri Court of Appeals · 1963