City of Centralia v. Smith
Citation | 77 S.W. 488,103 Mo. App. 438 |
Parties | CITY OF CENTRALIA v. SMITH. |
Decision Date | 07 December 1903 |
Court | Court of Appeal of Missouri (US) |
77 S.W. 488
103 Mo. App. 438
CITY OF CENTRALIA v. SMITH.
Court of Appeals at Kansas City, Missouri.
December 7, 1903.
CRIMINAL LAW—EXPLODING FIRECRACKERS— CITY ORDINANCE—INFORMATION—DEFENSES—APPEAL.
1. The statement made by defendant in his motion for a new trial, that he excepted to the overruling of a motion to quash the information charging him with crime, is not sufficient to enable the court, on appeal, to consider such ruling, in the absence of an exception having been saved.
2. A city ordinance prohibiting the explosion of firecrackers without the written consent of the mayor is within the police power of the city.
3. A city ordinance prohibiting the explosion of firecrackers without the written consent of the mayor is not void as a delegation of legislative power to the mayor.
4. It is no defense to a prosecution for violating a city ordinance, prohibiting the explosion of firecrackers, that previous violators of the ordinance had not been prosecuted.
5. It is no defense to a prosecution for violating a city ordinance, prohibiting the explosion of firecrackers, that defendant had participated with most all the citizens in violating the ordinance on previous occasions, when the ordinance was ignored, and the mayor of the city generally had charge of the fireworks on such occasions.
6. It is no defense to a prosecution for violating a city ordinance, prohibiting the explosion of firecrackers, that defendant did not know of the ordinance.
7. It is no defense to a prosecution for violating a city ordinance, prohibiting the explosion of firecrackers, that, when defendant heard the marshal say he had been ordered by the mayor to arrest persons found shooting firecrackers in the street, defendant did not know the order meant to embrace the backyard of defendant's home.
8. It is no defense to a prosecution for violating a city ordinance, prohibiting the explosion of firecrackers, that the citizens advertised and had a Fourth of July celebration on the occasion of defendant's violation of the ordinance, and defendant thought that shooting firecrackers was in keeping with the occasion.
Appeal from Circuit Court, Boone County; John A. Hockaday, Judge.
G. W. Smith was convicted of crime, and appeals. Affirmed.
J. L. Stephens, for appellant. H. S. Booth and J. H. Cupp, for respondent.
ELLISON, J.
Defendant was convicted in the police court of the city of Centralia for exploding firecrackers within the limits of the city on the 4th of July,...
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