State v. Anderson
Supreme Court of Missouri
Appeal from 81. Qlair Circuit Court. — Hon. Chas. Gr. Burton, Judge. The statute provides that an appeal may be had from a conviction before a justice if the defendant, “immediately after judgment is rendered, file an affidavit, stating that he is aggrieved by the verdict and judgment in the case, and that he does not make his appeal for vexation or delay, and shall also enter into a recognizance,” etc.
Read the full summary
Appeal from 81. Qlair Circuit Court. — Hon. Chas. Gr. Burton, Judge. The statute provides that an appeal may be had from a conviction before a justice if the defendant, “immediately after judgment is rendered, file an affidavit, stating that he is aggrieved by the verdict and judgment in the case, and that he does not make his appeal for vexation or delay, and shall also enter into a recognizance,” etc. Sec. 2058, R. S. 1879. This section evidently means that both the affidavit and bond shall be filed immediately after the verdict and judgment, for the section immediately succeeding provides…
1Opinion of the Court
Ering, C.
This was a proceeding before a justice of the peace, on information in the name of a private citizen, against the appellant, under section 5436, Revised Statutes, 1879, for selling intoxicating liquors in quantities less than one gallon, without license as a dramshop keeper. Trial before a jury, verdict of guilty,assessing a fine of two hundred and fifty dollars, with judgment thereon. Appeal to the circuit court, when the prosecuting attorney filed a motion to dismiss the appeal, for the reason “that said appeal was not per*528fected in the time provided for by-law.” On the hearing of…
2Cases cited5 opinions
- State v. KelmSupreme Court of Missouri · 1883
- Bailey v. CommonwealthCourt of Appeals of Kentucky · 1876
- State ex rel. Meinzer v. DivelingSupreme Court of Missouri · 1877
- State v. JaegerSupreme Court of Missouri · 1876
- Myers v. WoolfolkSupreme Court of Missouri · 1834
3Cited by1 opinion
- Andrus v. BlazzardUtah Supreme Court · 1901