University City v. Miller

CLEMENS, Commissioner.

In the City’s municipal court defendant was found guilty of peace disturbance. On his appeal the case was tried de novo and at the close of evidence the circuit court granted defendant’s motion to dismiss because the City had failed to plead he had “wilfully” disturbed the peace, as proscribed by the ordinance. Now the City appeals, challenging the trial court’s refusal to allow it to amend after the evidence was closed.

We do not reach that issue since we have determined there was no valid charge against defendant and hence the municipal court was without jurisdiction.…