City of De Soto v. Hunter
Missouri Court of Appeals
Appeal from Jefferson Circuit Court. — Hon, Joseph J. Williams, Judge. (1) Tbe court erred in overruling plaintiff’s motion to dismiss defendant’s appeal, tbe action being a civil action. Billings v. Brown, 106 Mo. App. 243; DeSoto v. Brown, 44 Mo. App. 148; State v. Witzel, 130 Mo. 600; Stevens v. Kansas City, 140 Mo. 460. (2) Tbe court erred in giving tbe jury a peremptory instruction to acquit tbe defendant. State v. Foger, 29 Mo. 416; State v. Parker, 39 Mo.
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Appeal from Jefferson Circuit Court. — Hon, Joseph J. Williams, Judge. (1) Tbe court erred in overruling plaintiff’s motion to dismiss defendant’s appeal, tbe action being a civil action. Billings v. Brown, 106 Mo. App. 243; DeSoto v. Brown, 44 Mo. App. 148; State v. Witzel, 130 Mo. 600; Stevens v. Kansas City, 140 Mo. 460. (2) Tbe court erred in giving tbe jury a peremptory instruction to acquit tbe defendant. State v. Foger, 29 Mo. 416; State v. Parker, 39 Mo. App. 116; State v. Rumsey, 52 Mo. App. 668. (3) Tbe complaint is sufficient. It describes tbe offense in tbe language of tbe section…
1Opinion of the CourtNortoni, J.
This is a prosecution for a disturbance of the peace under a city ordinance. At the conclusion of the testimony on the part of the city, the court peremptorily directed a verdict of acquittal and *433the city prosecutes the appeal. The material portion of the ordinance in evidence, a violation of which is alleged against the defendant, is as follows:
“Whoever shall, in this city, wilfully disturb the peace of any person or persons by violent-,, offensive, tumultuous or obstreperous conduct or carriage, or by loud or unusual noises, or shall use toward another any indecent, profane, obscene or…
2Cases cited3 opinions
- Mitchell v. . MitchellNew York Court of Appeals · 1875
- City of St. Charles v. MeyerSupreme Court of Missouri · 1874
- Village of Salem v. CoffeyMissouri Court of Appeals · 1905
3Cited by7 opinions
- Pavish v. MeyersWashington Supreme Court · 1924
- Pueblo v. Caro GonzálezSupreme Court of Puerto Rico · 1980
- Meyers v. StateSupreme Court of Arkansas · 1972
- City of St. Louis v. GoldmanMissouri Court of Appeals · 1971
- Mertz v. A. Leschen & Sons Rope Co.Missouri Court of Appeals · 1913
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