City of St. Louis v. Schoenbusch
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction. Hon. E. A. Noonan, Judge. (1) The offence charged is one cognizable under the laws of the state of Missouri. R. S., secs. 1374-5, 1609. (2) The city ordinance has no charter power to sustain it.
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Appeal from St. Louis Court of Criminal Correction. Hon. E. A. Noonan, Judge. (1) The offence charged is one cognizable under the laws of the state of Missouri. R. S., secs. 1374-5, 1609. (2) The city ordinance has no charter power to sustain it. (3) An offence punishable under the laws of the state cannot be made punishable under the ordinances of a municipality, unless clear and express authority to that effect is given, not in conflict with the constitution and laws of the state. City v. Courtmire, 9 Mo. 692; City v. Bentz, 11 Mo. 61; City v. Cafferata, 24 Mo. 96; State v. Cowan, 29 Mo.…
1Opinion of the CourtBlack, J.
The defendant was fined twenty dollars by a police justice of the city of St. Louis on a charge of unnecessarily and cruelly beating a dumb animal. He appealed to the court of criminal correction, where he was again fined in a like amount; and he then appealed to this court. The prosecution is based on a violation of the following ordinance:
“Section 1. Any person who shall, in this city, • overdrive, overload, drive - when overloaded, ill-treat, torment, or unnecessarily or cruelly beat, or needlessly mutilate or kill * * * any dumb animal, shall for • every such offence be deemed guilty of a…
2Cases cited5 opinions
- Ex parte HollwedellSupreme Court of Missouri · 1881
- State v. CowanSupreme Court of Missouri · 1860
- City of St. Louis v. CafferataSupreme Court of Missouri · 1856
- City of St. Louis v. BentzSupreme Court of Missouri · 1847
- City of Independence v. MooreSupreme Court of Missouri · 1862
3Cited by34 opinions
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- City of St. Louis v. Bell Telephone Co.Supreme Court of Missouri · 1888
- Aurora Water Co. v. City of AuroraSupreme Court of Missouri · 1895
- State v. YoungSupreme Court of Missouri · 1985
- Ogden v. City of MadisonWisconsin Supreme Court · 1901
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