Legal Opinion

Kansas City v. Neal

Missouri Court of Appeals

Decided April 4, 1892PublishedCited by 11 opinions

.Appeal from the Jackson Criminal Court. — Hon. Henry P. White, Judge. (1) The specific offense charged is that of being a vagrant, but the constituent facts alleged are at variance with such offense as defined by statute in section ■8846, chapter 169, volume 2, Bevised Statutes, and by section 3841, page 917, volume 1, Bevised Statutes. The offense at which the ordinance of appellee seems aimed is declared a felony by section 3485, page 851, volume 1, Bevised Statutes.

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.Appeal from the Jackson Criminal Court. — Hon. Henry P. White, Judge. (1) The specific offense charged is that of being a vagrant, but the constituent facts alleged are at variance with such offense as defined by statute in section ■8846, chapter 169, volume 2, Bevised Statutes, and by section 3841, page 917, volume 1, Bevised Statutes. The offense at which the ordinance of appellee seems aimed is declared a felony by section 3485, page 851, volume 1, Bevised Statutes. The constitution of Missouri declares “ such charter shall always be in harmony ■with, and subject to, the constitution and…

1Opinion of the CourtSmith, P. J.

The defendant, Carrie Neal, was tried and found guilty before the police judge of Kansas City, upon an information based upon section 1075 of the ordinances of said city. She took an appeal to. the criminal court of Jackson county, and for that purpose with the other defendant, Stephens, entered into a recognizance conditioned as provided in sections 6328 and 6329, Revised Statutes, 1889. Upon a trial anew in the criminal court the defendant, Carrie Neal, was again found guilty, and judgment was rendered against. her and the said Stephens, the surety on her recognizance, under the provisions…

2Cases cited10 opinions

  1. Ex parte HollwedellSupreme Court of Missouri · 1881
  2. City of Kansas v. ClarkSupreme Court of Missouri · 1878
  3. City of St. Louis v. SchoenbuschSupreme Court of Missouri · 1888
  4. State v. CowanSupreme Court of Missouri · 1860
  5. City of St. Louis v. CafferataSupreme Court of Missouri · 1856

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3Cited by11 opinions

  1. Peterson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1915
  2. Ex Parte Taft v. ShawSupreme Court of Missouri · 1920
  3. City of St. Louis v. MeyerSupreme Court of Missouri · 1904
  4. Turner v. Kansas CitySupreme Court of Missouri · 1945
  5. Stevens v. Kansas CitySupreme Court of Missouri · 1898

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