State v. Muir
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. The courts of this State have always held that a conviction in a municipal court is a bar to the subsequent prosecution by the State for the same offense. State v. Simonds, 3 Mo. 414; State v. Cowan, 29 Mo. 330; State v.Hannah Thornton, 37 Mo. 361; Pilot Grove v. Frank McCormick, 56 Mo. App. 530; State v. Freeman, 56 Mo. App. 579. Prosecutions by a city are not civil cases.
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Transferred from St. Louis Court of Appeals. The courts of this State have always held that a conviction in a municipal court is a bar to the subsequent prosecution by the State for the same offense. State v. Simonds, 3 Mo. 414; State v. Cowan, 29 Mo. 330; State v.Hannah Thornton, 37 Mo. 361; Pilot Grove v. Frank McCormick, 56 Mo. App. 530; State v. Freeman, 56 Mo. App. 579. Prosecutions by a city are not civil cases. They are civil in form only and of a quasi criminal character. State v. Gordon, 60 Mo. 383; In re Miller, 44 Mo. App.. 127; Kansas City v. Clark, 68 Mo. 588; Carrollton v.…
1Opinion of the CourtSherwood, P. J.
— Prosecuted by indictment, under the statute for gaming, defendant entered a plea of autre fois convict, to the effect that he had been previously convicted of the same offense under an ordinance of the city of Mexico, which that city had power to pass, which said ordinance forbade any one to play poker, etc., under a penalty and limit of not. less than $5 nor more than $100; that defendant appeared before the police judge of the city and pleaded guilty of violating such ordinance and was thereupon fined in the stun of $5, which sum and costs defendant afterwards paid.
An agreed statement of…
2Cases cited6 opinions
- City of St. Louis v. WeitzelSupreme Court of Missouri · 1895
- Ex parte HollwedellSupreme Court of Missouri · 1881
- City of Kansas v. ClarkSupreme Court of Missouri · 1878
- City of St. Louis v. KnoxSupreme Court of Missouri · 1881
- State v. GustinSupreme Court of Missouri · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- City of St. Louis v. DeLassusSupreme Court of Missouri · 1907
- State v. GarnerSupreme Court of Missouri · 1950
- City of St. Louis v. KlausmeierSupreme Court of Missouri · 1908
- Delaney v. Police CourtSupreme Court of Missouri · 1902
- City of Webster Groves v. QuickSupreme Court of Missouri · 1959
11 more not listed; retrieve them via the Exa API.