City of Monett v. Beaty
Missouri Court of Appeals
Appeal from the Barry Circuit Court. — Hon. J. C. Lamson, Judge. Appellant further complains that there was no arraignment but still turning to his abstract at page 5, we find defendant appeared before the police judge, O. Barker, was duly arraigned and plead not guilty.
Read the full summary
Appeal from the Barry Circuit Court. — Hon. J. C. Lamson, Judge. Appellant further complains that there was no arraignment but still turning to his abstract at page 5, we find defendant appeared before the police judge, O. Barker, was duly arraigned and plead not guilty. But as this court has repeatedly held that proceedings by cities of the fourth class of this nature are civil proceedings and not criminal, it is not necessary that the records should show arraignment and plea of not guilty entered. St. Louis v. Knox, 74 Mo. 79; Cassville v. Jimerson, 75 Mo. App. 426. This being a civil…
1Opinion of the CourtBiggs, J.
The plaintiff is a city of the fourth class. One of its' ordinances provides that if a “person shall assault, strike, fight or beat another, or challenge another to fight or to provoke a fight between others, or between himself and another * * * he shall on conviction thereof be fined not less than one dollar nor more than one hundred dollars.” The defendant was charged with a violation of the foregoing ordinance. He was convicted before the mayor and in the circuit court, and a fine of $1 was entered against him. He has appealed to this'court.
The defendant insists that under the law of 1895…
2Cases cited1 opinion
- City of Cassville v. JimersonMissouri Court of Appeals · 1898