State v. Bradley
Missouri Court of Appeals
Appeal from Jolmson Criminal Court, IIon. John E. Ryland, Judge. The case is stated in the opinion. I. This proceeding was bottomed on the following section of the Revised Statutes of Missouri: “If any person shall wilfully or knowingly obstruct any public road * * * he or'they shall each pay a fine of not less than twenty dollars, to be recovered by indictment or information before a justice of the peace.”
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Appeal from Jolmson Criminal Court, IIon. John E. Ryland, Judge. The case is stated in the opinion. I. This proceeding was bottomed on the following section of the Revised Statutes of Missouri: “If any person shall wilfully or knowingly obstruct any public road * * * he or'they shall each pay a fine of not less than twenty dollars, to be recovered by indictment or information before a justice of the peace.” Rev. Stat., 1879, sec. 6964; Laws 1883, sec. 33, p. 165; Laws 1887, sec. 36, p. 254. (a) It is plain that the statute did not provide for a proceeding by information in the criminal court,…
1Opinion of the CourtPhilips, P. J.
The defendant was, on information, convicted for obstructing a public road in Johnson county, and from the fine assessed he has appealed.
I. His first .contention is, that the proceeding by information for this offence is restricted solely to a prosecution instituted in a justice’s court. This proposition is based upon a technical construction of the language of the statute (Laws 1883, sec. 33, p. 165) on which the prosecution is based. It declares that for such offence the offender shall pay a fine of not less than twenty dollars, “to be recovered by indictment or by information before a…
2Cases cited8 opinions
- State v. Albert & Charles TalbottSupreme Court of Missouri · 1881
- Harrison v. StateSupreme Court of Alabama · 1861
- State v. WaltersSupreme Court of Missouri · 1879
- State v. WellsSupreme Court of Missouri · 1879
- Timberman v. CraddockSupreme Court of Missouri · 1879
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3Cited by2 opinions
- Garnett v. City of SlaterMissouri Court of Appeals · 1894
- California Special Road District v. BuekerMissouri Court of Appeals · 1926