Legal Opinion · Dissent

State v. Weatherwax

Missouri Court of Appeals

Decided April 13, 1982No. WD 32358Published

1DissentPritchard, Presiding Judge

Appellant was convicted of driving 69 miles per hour on U.S. Highway 36, a 55 mile per hour speed limit area. He was fined $35.00 and costs.

The appeal was first lodged in the Supreme Court. That court held in State v. Weatherwax, 607 S.W.2d 692, 693 (Mo.1980), that there was no proper raising of a constitutional question for the first time on a de novo appeal from a first trial wherein appellant was found guilty and fined $25.00. Appellant has filed a motion in this court to retransfer his case to the Supreme Court, but that motion must be, and is, overruled because that court has already…

2Cases cited13 opinions

  1. Liebow v. Jones Store CompanySupreme Court of Missouri · 1957
  2. City of St. Louis v. BoeckerMissouri Court of Appeals · 1963
  3. City of Phoenix v. BoggsCourt of Appeals of Arizona · 1965
  4. Walsh Ex Rel. Walsh v. Table Rock Asphalt Construction Co.Missouri Court of Appeals · 1975
  5. Millman v. United States Mortgage & Title Guaranty Co.Supreme Court of New Jersey · 1938

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