Legal Opinion

City of King City v. Duncan

Supreme Court of Missouri

Decided December 19, 1911PublishedCited by 19 opinions

. Appeal from Gentry Circuit Court. — Eon. William C. Ellison, Judge. The principal error relied upon is the fact that the Three-Fourth Jury Law does not. apply to a case of information against a party for violation of the city ordinances. Section 16 of article 2, Constitution of Missouri, expressly provides “that imprisonment for debt shall not he allowed except for the non-payment of fines and penalties imposed for violation of law.”

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. Appeal from Gentry Circuit Court. — Eon. William C. Ellison, Judge. The principal error relied upon is the fact that the Three-Fourth Jury Law does not. apply to a case of information against a party for violation of the city ordinances. Section 16 of article 2, Constitution of Missouri, expressly provides “that imprisonment for debt shall not he allowed except for the non-payment of fines and penalties imposed for violation of law.” It is true that our courts have for a long time been trying to eliminate, or rather to determine what kind of a case one of the character now before the court…

1Opinion of the CourtKennish, P. J.

This is an appeal from the circuit court of Gentry county. Appellant was convicted in the police court of King City, a city of the fourth class in said county, for the violation of an ordinance prohibiting the carrying of concealed weapons, and appealed from the judgment to the circuit court. Upon a trial de novo before a jury of twelve, a ver- ’ diet of guilty was returned, concurred in by ten members of the jury only. The court received the verdict, pronounced judgment, and the defendant appealed to the Kansas City Court' of Appeals. Upon the ground that a question involving the…

2Cases cited7 opinions

  1. In re FerrierIllinois Supreme Court · 1882
  2. Delaney v. Police CourtSupreme Court of Missouri · 1902
  3. Ex Parte HarkerCalifornia Supreme Court · 1875
  4. City of Marshall v. StandardMissouri Court of Appeals · 1887
  5. City of Tarkio v. LoydMissouri Court of Appeals · 1904

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3Cited by19 opinions

  1. City of Clayton v. NemoursMissouri Court of Appeals · 1942
  2. Howard v. StrodeSupreme Court of Missouri · 1912
  3. Kansas City v. MathisMissouri Court of Appeals · 1966
  4. Meredith v. WhillockMissouri Court of Appeals · 1913
  5. State Ex Rel. Cole v. NigroSupreme Court of Missouri · 1971

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