City of De Soto v. Brown
Missouri Court of Appeals
Appeal from the Jefferson Circuit Court. — IIon. James D. Fox, Judge. ’ (1) The defendant’s motion to dismiss, and in arrest, should have been sustained.
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Appeal from the Jefferson Circuit Court. — IIon. James D. Fox, Judge. ’ (1) The defendant’s motion to dismiss, and in arrest, should have been sustained. First, because the complaint does not show, or charge, that the persons confined in said prison (and whom defendant is charged with liberating) were held under a conviction by the city court, or by some of the state courts or magistrates. 26 Mo. 199. Second, because the offense charged in the information is a criminal offense, and made punishable under the laws of the state by imprisonment in the county jail, or by fine, or by both a fine…
1Opinion of the CourtBiggs, J.
The defendant was arrested, and was tried and convicted before the police judge of the city of Be Soto, for aiding, counseling and advising certain persons confined in the city prison under conviction for misdemeanors to make their escape therefrom, contrary to the ordinances of the city. On appeal to the circuit court he was again found guilty by the jury, and his fine fixed at the sum of $10. Prom this judgment he has again appealed.
The grounds relied on for a reversal of the judgment are: First, that the information is sufficient to sustain a prosecution ; second, that there was no legal…
2Cases cited10 opinions
- Ex parte HollwedellSupreme Court of Missouri · 1881
- City of Kansas v. ClarkSupreme Court of Missouri · 1878
- City of St. Louis v. SchoenbuschSupreme Court of Missouri · 1888
- City of St. Louis v. KnoxSupreme Court of Missouri · 1881
- Kinion v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1890
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3Cited by6 opinions
- Thelsen v. McDavidSupreme Court of Florida · 1894
- City of St. Louis v. DeLassusSupreme Court of Missouri · 1907
- State Ex Rel. Vogt v. ReynoldsSupreme Court of Missouri · 1922
- Ex Parte SimmonsCourt of Criminal Appeals of Oklahoma · 1911
- City of Louisiana v. AndersonMissouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.