State v. Excelsior Springs Light, Power, Heat & Water Co.
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Row. J. W. Alexander, Judge. Section 28 is void for the reason that it does not •intelligently describe any offense.
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Appeal from Clay Circuit Court. — Row. J. W. Alexander, Judge. Section 28 is void for the reason that it does not •intelligently describe any offense. The attempt to make it unlawful to suffer or permit certain, substances to escape or flow into a creek was evidently intended by the Legislature to prohibit a citizen from placing, putting or draining such substances into the creek or from permitting the same to be done from the premises over which he has control, but the statute does not do either of these. By its terms, a man who threw or placed such substance in the creek would not be…
1Opinion of the CourtFox, P. J.
— This cause is here upon appeal by
the defendant from a judgment of the circuit court of Clay county, for a violation of the provisions of section 28, of what was commonly called the Game and Fish Law, enacted by the General Assembly of this State in 1905. [Laws 1905, p. 163.] The information based upon the provisions of the section of the statute heretofore referred to and upon which this judgment rests, omitting formal parts, was as follows:
“Ralph Hughes, prosecuting attorney within and for the county of Clay in the State of Missouri, informs the court (upon the affidavit of W. A. Higbee, a…
2Cases cited2 opinions
- State v. ProbascoSupreme Court of Iowa · 1883
- State v. HodgesSupreme Court of Missouri · 1907
3Cited by4 opinions
- Ex Parte SmithCourt of Criminal Appeals of Oklahoma · 1923
- Graff v. PriestSupreme Court of Missouri · 1947
- Bond v. PhelpsSupreme Court of Oklahoma · 1948
- George v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1914