City of St. Louis v. Klausmeier
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction.— Hon. Hiram N. Moore, Judge. ■Defendant’s motion to discharge, made at the close of plaintiff’s case, should have been sustained, because of the variance between the allegations and the proof. The complaint is based' upon section 18 of ordinance No. 20808, and defendants are charged with selling milk in violation of said section. That said section fixes the standard for whole milk no one will question.
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Appeal from St. Louis Court of Criminal Correction.— Hon. Hiram N. Moore, Judge. ■Defendant’s motion to discharge, made at the close of plaintiff’s case, should have been sustained, because of the variance between the allegations and the proof. The complaint is based' upon section 18 of ordinance No. 20808, and defendants are charged with selling milk in violation of said section. That said section fixes the standard for whole milk no one will question. Defendants, then, are charged with violation of said section, or not charged with any violation at all. Plaintiff is confined to the cause of…
1Opinion of the CourtWoodson, J.
— Appellant was convicted in the Court of Criminal Correction of the city of St. Louis for selling milk in violation of section 18 of Ordinance No. 20808 of said city, and fined the sum of $25. In due time and in proper manner he appealed from the judgment of that court imposing said fine, to this court.
Omitting the formal parts, the complaint filed in the cause was as follows:
“Wm. Klausmeier, to the City of St. Louis, Dr.
*726“To one hundred dollars for violation of an ordinance of said city,
“Entitled: An ordinance to license and regulate the sale of milk and cream, to provide for the inspection…
2Cases cited3 opinions
- Weil v. PostenSupreme Court of Missouri · 1883
- Gates v. City of AuroraIllinois Supreme Court · 1867
- Lesterjelle v. Mayor of ColumbusSupreme Court of Georgia · 1860
3Cited by1 opinion
- City of Neck City v. GriffithMissouri Court of Appeals · 1914