Legal Opinion

Village of Green City v. Holsinger

Missouri Court of Appeals

Decided November 7, 1898PublishedCited by 3 opinions

Appeal from the Sullivan Circuit Court. — Hon. W. W. Rucker, Judge. (1) The complaint when made by the marshal need not be in writing, if the defendant be present in court and in custody. R. S. 1889, sec. 1685. (2) The charge is drunk on the streets, ex vi termini public places in the village.

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Appeal from the Sullivan Circuit Court. — Hon. W. W. Rucker, Judge. (1) The complaint when made by the marshal need not be in writing, if the defendant be present in court and in custody. R. S. 1889, sec. 1685. (2) The charge is drunk on the streets, ex vi termini public places in the village. It is the character of the place, not the particular locality, that constitutes the essence of the offense, and hence it is unnecessary to state that any particular person was disturbed by his person. Gallatin v. Tarwater, 44 ¡3. W. Rep. 750. (3) The board of trustees has the power to pass such…

1Opinion of the CourtEllison, J.

Defendant was arrested, tried and convicted of violating an ordinance of the village of Green City prescribing a fine against any one who should be “found intoxicated on the streets” of said village. On appeal to the circuit court the proceedings were dismissed on defendant’s motion and the village has appealed.

It is contended that the charter for towns and villages (chapter 30, article 6, Revised Statutes 1889) does not authorize or support the ordinance in question. In the city of Gallatin v. Tarwater, 143 Mo. 405; s. c., 44 S. W. Rep. 750, the supreme court upheld a similar ordinance. But…

2Cases cited2 opinions

  1. City of Gallatin v. TarwaterSupreme Court of Missouri · 1898
  2. City of Salisbury v. PattersonMissouri Court of Appeals · 1887

3Cited by3 opinions

  1. Krug v. Village of Mary RidgeMissouri Court of Appeals · 1954
  2. City of Carthage v. BlockMissouri Court of Appeals · 1909
  3. City of Glasgow v. BazanMissouri Court of Appeals · 1902

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