City of Independence v. Moore
Supreme Court of Missouri
Appeal from the Probate and Common Pleas Court of Jackson County. I. Appellant contends that the offence with which appellee is charged is not “ infamous,” which can only be punished on presentment or indictment; (Cons. U. S., art. 5, Amendments ;) but may be punished in a summary manner, if the legislature so directs.
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Appeal from the Probate and Common Pleas Court of Jackson County. I. Appellant contends that the offence with which appellee is charged is not “ infamous,” which can only be punished on presentment or indictment; (Cons. U. S., art. 5, Amendments ;) but may be punished in a summary manner, if the legislature so directs. The 14th sec. of art. 13, of Constitution of Missouri, has direct reference to the general laws of the State, and comes within the principles in the case of The State v. Ledford, (2 Mo., t. p. 75,) which decides that while an offence is indictable, as were breaches of the peace…
1Opinion of the CourtBat, Judge
The complaint in this case charges the defendant with attempting to rescue one John Pansa from the custody of the marshal of the city of Independence, acting as night watch, and was framed under an ordinance of said city, which reads as follows:
“When any person shall be under arrest, or in the custody of the marshal or any of the city watch, or when the marshal or any of the city watch shall be endeavoring to arrest any person by virtue of any warrant or authority vested by law, if any person shall interpose to rescue such person from the custody of said officers, or to prevent such officers,…
2Cited by6 opinions
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- Ex parte HollwedellSupreme Court of Missouri · 1881
- City of St. Louis v. SchoenbuschSupreme Court of Missouri · 1888
- Ex Parte SimmonsCourt of Criminal Appeals of Oklahoma · 1911
- Kansas City v. NealMissouri Court of Appeals · 1892
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