City of Columbia v. Samuels

• Decision Date: 27 May 1912
• Citation: 147 S.W. 1132
• Parties: CITY OF COLUMBIA v. SAMUELS.
• Court: Missouri Court of Appeals

147 S.W. 1132

CITY OF COLUMBIA v. SAMUELS.

Kansas City Court of Appeals. Missouri.

May 27, 1912.

MUNICIPAL CORPORATIONS (§ 637) — ORDINANCES — VIOLATIONS — PROSECUTION.

An arraignment of one charged with violating a city ordinance is not necessary; the case being governed by procedure in civil cases.

Appeal from Circuit Court, Boone County; David H. Harris, Judge.

John Samuels was convicted of violating an ordinance of the City of Columbia, and he appeals. Affirmed.

W. H. Rothwell and J. L. Stephens, both of Columbia, for appellant. W. M. Dinwiddie, for respondent.

ELLISON, J.

Defendant was convicted in the police court of Columbia for the violation of a city ordinance in the sale of intoxicating liquor. He appealed to the circuit court and was again convicted. It is objected that the record fails to show an arraignment of defendant and his plea to the charge. In this respect, cases of this nature are likened to procedure in civil cases, and an arraignment is not necessary. St. Louis v. Knox, 74 Mo. 79.

Defendant likewise insists that his motion in arrest of judgment should have been sustained on account of insufficiency of the information filed in the police court. In our opinion it is sufficient to sustain the finding and judgment.

It is next insisted that, if the trial court had given defendant the benefit of the reasonable doubt which it is claimed the evidence shows, it would have resulted in his acquittal. But after consideration of the arguments made by counsel, and the record in the cause, we are satisfied we have no right to interfere on the score of insufficiency of evidence.

An examination of the record leads to an affirmance of the judgment. All concur.