State v. Gordon
Supreme Court of Missouri
Error to Clay Circuit Court. This court lias long since settled the question that both town authorities and the State can entertain concurrent jurisdiction over similar offenses. The first that asserts or acquires its jurisdiction over a particular case, controls it to the exclusion of the other. In this case, as the State instituted the prosecution, it would be a bar to any action by the city authorities of Liberty, and so vice versa.
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Error to Clay Circuit Court. This court lias long since settled the question that both town authorities and the State can entertain concurrent jurisdiction over similar offenses. The first that asserts or acquires its jurisdiction over a particular case, controls it to the exclusion of the other. In this case, as the State instituted the prosecution, it would be a bar to any action by the city authorities of Liberty, and so vice versa. (State vs. Cowan, 29 Mo., 330 ; State vs. Simonds, 3 Mo., 414; 4 Mo., 376; 10 Mo., 410 ; 9 Mo., 526.) I. The General Assembly has the power to vest exclusive…
1Opinion of the CourtWagner, Judge
The defendant was indicted by the grand jury of Clay county for unlawfully disturbing the peace of certain families who, it was alleged, resided .in the city of Liberty.
A motion was made to quash, for the reason that the indictment charged that the offense was committed within the corporate limits of the city of Liberty. This motion was sustained and the State sued out her writ of error.
The only question is whether, by the charter of the city of Liberty, the municipal authorities have the exclusive power to take cognizance of and punish misdemeanors of the description contained in the…
2Cited by10 opinions
- Judy v. LashleyWest Virginia Supreme Court · 1902
- Rogers v. PeopleSupreme Court of Colorado · 1886
- State v. WisterSupreme Court of Missouri · 1876
- Ex parte KiburgMissouri Court of Appeals · 1881
- State v. KesselsMissouri Court of Appeals · 1906
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