City of St. Louis v. Tielkemeyer
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction.— Hon. Hiram N. Moore, Judge. (1) A statement filed in proceedings under a city ordinance for the recovery of a penalty, must, in order to be sufficient, specify the elements of tbe offense sought to be charged' with enough particularity to bar another action for the same offense.
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Appeal from St. Louis Court of Criminal Correction.— Hon. Hiram N. Moore, Judge. (1) A statement filed in proceedings under a city ordinance for the recovery of a penalty, must, in order to be sufficient, specify the elements of tbe offense sought to be charged' with enough particularity to bar another action for the same offense. St. Louis v. Babcock, 156 Mo. 148. (2) When the ordinance creating an offense sets forth an exception thereto, the statement, in order to be sufficient, must negative the exception. Tarkio v. Loyd, 109 Mo. App. 171. (3) The State has the power, by the enactment of a…
1Opinion of the CourtValliant, J.
Appellant was convicted in the. Second District Police Court of St. Louis of selling intoxicating liquors without a license, in violation of a city ordinance, and appealed from that judgment to the St. Louis Court of Criminal Correction, where he was again tried and convicted and sentenced to pay a *135fine of fifty dollars, from which judgment he has taken this appeal.
The testimony at the trial showed that appellant had committed the act specified in the information. There was no testimony to the contrary, nor did he claim to have had a license. There was at first some indication of a purpose on…
2Cases cited10 opinions
- State v. BockstruckSupreme Court of Missouri · 1896
- State v. SnyderSupreme Court of Missouri · 1904
- City of Kansas v. ClarkSupreme Court of Missouri · 1878
- City of St. Louis v. DeLassusSupreme Court of Missouri · 1907
- City of St. Louis v. MeyerSupreme Court of Missouri · 1904
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3Cited by6 opinions
- State Ex Rel. Hewlett v. WomachSupreme Court of Missouri · 1946
- City of St. Louis v. DreisoernerSupreme Court of Missouri · 1912
- State v. AchterMissouri Court of Appeals · 1974
- State Ex Rel. Collins v. KeirnanMissouri Court of Appeals · 1947
- Lowery v. StateCourt of Criminal Appeals of Texas · 1916
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