State v. Smith

ROBERTSON, Judge.

The State charged Respondent, Larry Smith, with a violation of the ordinances of the Union Fire Protection District (the “District”), a misdemeanor under Section 321.220, RSMo 1986. Smith moved to dismiss the information. He argued that the ordinance under which he was charged was *242void because the members of the Board of Directors had failed to file their oaths of office with the Circuit Clerk as required by statute and were, therefore, not qualified to act. The trial court agreed and dismissed the charge. The State appealed.

The Court of Appeals, Eastern District, in…