City of Kansas v. Zahner
Missouri Court of Appeals
Appeal from the Jacltson Criminal Court. — Hon. John W. Wofford, Judge. (1) The court erred in overruling the motion of the defendant to quash the information. Bill of Rights, sec. 22. (2) The court erred in overruling the demurrer of the defendant to the evidence of the plaintiff. State v. Williams, 44 Mo. App. 302. (3) The ordinance is inconsistent with the state law on the same question.
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Appeal from the Jacltson Criminal Court. — Hon. John W. Wofford, Judge. (1) The court erred in overruling the motion of the defendant to quash the information. Bill of Rights, sec. 22. (2) The court erred in overruling the demurrer of the defendant to the evidence of the plaintiff. State v. Williams, 44 Mo. App. 302. (3) The ordinance is inconsistent with the state law on the same question. R. S. 1889, sec. 3833; Const., art. 9, sec. 16; R. S. 1889, sec. 1902; Petersburg v. Metzger, 21 Ill. 204; Landis v. Boerugh of Vineland, 23 Atl. Rep. 357; Ex parte Solomon, 27 Pac. Rep. 757; In re At Yon,…
1Opinion of the CourtSmith, P. J.
The defendant was prosecuted and convicted for the violation of ordinance of Kansas City "relating to the sale, exposing to sale, or advertising for sale or any way participating in the sale of policy or lottery tickets," and numbered 5852.
I. The information described the offense in the language of the ordinánce. It is now well settled in this state that in actions of this kind that is sufficient. St. Louis v. Weitzell, 130 Mo. 600; Trenton v. Devorss, 70 Mo. App. 8. Hence it follows that the lower court did not err in overruling the defendant's objection to the introduction of any evidence…
2Cases cited5 opinions
- City of St. Louis v. WeitzelSupreme Court of Missouri · 1895
- State ex rel. Kansas City v. FieldSupreme Court of Missouri · 1889
- Kansas City v. HallettMissouri Court of Appeals · 1894
- McDonald v. Kansas City & Independence Rapid Transit Railway Co.Supreme Court of Missouri · 1895
- City of Trenton v. DevorssMissouri Court of Appeals · 1897
3Cited by2 opinions
- Fraternal Order of Police Lodge 2 v. City of St. JosephMissouri Court of Appeals · 1999
- Leoffler v. Kansas CityMissouri Court of Appeals · 1972