State Ex Rel. Stinger v. Kruger
Supreme Court of Missouri
Prohibition. (1) The St. Louis Court of Criminal Correction is not only a court of limited jurisdiction, but its jurisdicton is more limited than is that of the justice of the peace. It is given jurisdiction only of certain misdemeanors that are punished in certain ways. Sec. 13, p. 2544, R. S. .1889; Ex parte O’Brien, 127 Mo. 447; Ex rel. Murphy, 132 Mo. 382; State v. Anderson, 191'Mo. 134. (2) The word “or,” when used in a penal statute, denotes an alternative.
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Prohibition. (1) The St. Louis Court of Criminal Correction is not only a court of limited jurisdiction, but its jurisdicton is more limited than is that of the justice of the peace. It is given jurisdiction only of certain misdemeanors that are punished in certain ways. Sec. 13, p. 2544, R. S. .1889; Ex parte O’Brien, 127 Mo. 447; Ex rel. Murphy, 132 Mo. 382; State v. Anderson, 191'Mo. 134. (2) The word “or,” when used in a penal statute, denotes an alternative. The context shows that it was not used or intended to be construed as meaning “and.”State v. St. Louis, 174 Mo. 145; Germania v.…
1Opinion of the CourtGoodie, J.
Relator, William. Stinger, seeks to prohibit the St. Louis Court of Criminal Correction from trying a case against him, wherein, by the information of the prosecuting attorney of said court, he is charged, as a member of the Metropolitan Police Department of the City of St. Louis, with wilfully, unlawfully and maliciously arresting and imprisoning Edward Mfeany, while relator was acting in his official capacity, and with wilfully and unlawfully intending to oppress said Meany and deprive him of his liberty without any warrant to authorize the arrest, knowing Meany had been guilty of no…
2Cases cited21 opinions
- United States v. GoodingSupreme Court of the United States · 1827
- Sundry Goods, Wares & Merchandises v. United StatesSupreme Court of the United States · 1829
- Ex parte O'BrienSupreme Court of Missouri · 1895
- Rawson v. StateSupreme Court of Connecticut · 1848
- Jelly v. DilsWest Virginia Supreme Court · 1885
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ex Parte LockhartSupreme Court of Missouri · 1943
- Pérez Vega v. Tribunal SuperiorSupreme Court of Puerto Rico · 1966
- State v. CoorMissouri Court of Appeals · 1987
- Hurley v. EidsonSupreme Court of Missouri · 1953
- State v. RezendesSupreme Court of Rhode Island · 1969
7 more not listed; retrieve them via the Exa API.