City of St. Louis v. Pope, 25100.
| Decision Date | 06 June 1939 |
| Docket Number | No. 25100.,25100. |
| Citation | 129 S.W.2d 106 |
| Parties | CITY OF ST. LOUIS v. POPE. |
| Court | Missouri Court of Appeals |
Appeal from St. Louis Court of Criminal Correction; Joseph L. Simpson, Judge.
"Not to be reported in State Reports."
Proceeding by the City of St. Louis against Mack Pope, wherein defendant was found guilty of disturbing the peace in violation of city ordinance, on appeal from conviction in police court. From the judgment, defendant appeals.
Appeal dismissed.
I. Joel Wilson, of St. Louis, for appellant.
E. H. Wayman and Oliver Senti, both of St. Louis, for respondent.
Appellant Mack Pope, hereinafter called defendant, was found guilty by the Police Court of the City of St. Louis, of the offense of disturbing the peace in violation of an ordinance of said city, and thereupon appealed to the St. Louis Court of Criminal Correction, where, on August 6, 1936, on a trial de novo, he was again found guilty by the court sitting as a jury, and his punishment fixed at a fine of $500 and costs. Defendant in due course brings this appeal.
Prosecutions for the recovery of a fine on account of the violation of a municipal ordinance are regarded as civil actions though they have certain quasi-criminal aspects. City of Gallatin v. Tarwater, 143 Mo. 40, 44 S.W. 750; City of Cape Girardeau v. Smith, Mo.App., 61 S. W.2d 231.
The right of appeal is purely statutory, no such right existing at common law, and appellant must conform to the statute in order to have his case heard on appeal. Thurman v. Smith, 327 Mo. 894, 39 S.W.2d 336; Tooker v. Missouri Power & Light Co., 336 Mo. 592, 80 S.W.2d 691, 101 A.L.R. 365; Lucitt v. Toohey's Estate, 338 Mo. 343, 89 S.W.2d 662; Godefroy Mfg. Co. v. Lady Lennox Co., Mo.App., 110 S.W.2d 803.
Section 14660, Rev.St.Mo.1929, Mo.St. Ann. § 14660, p. 2724 (), provides that an appeal shall be allowed the defendant from any final judgment of the St. Louis Court of Criminal Correction to the St. Louis Court of Appeals if applied for within ten days after rendition of such judgment, and specifically provides that "The manner of taking such appeals shall be the same, as near as may be, as is prescribed by law for taking appeals from circuit courts in criminal cases." See State v. Hall, 312 Mo. 425, 279 S.W. 102, 109; State v. Sparks, 263 Mo. 609, 173 S.W. 1057; State v. Conners, 258 Mo. 330, 167 S.W. 429.
The manner provided by statute for taking appeals in criminal cases (secs. 3756, 3757, Rev.St.Mo.1929, Mo.St.Ann. §§ 3756, 3757, pp. 3292, 3295), when the appeal does not operate as a stay of proceedings, is that a full transcript of the record in the case, "including the bill of exceptions, judgment and sentence," shall be made out by the clerk of the court in which the proceedings were had, upon the "application of the appellant or plaintiff in error, as in civil cases, except that the costs of the transcript shall not be required in advance." And it has repeatedly been held that it is the personal duty of the appellant to see that such transcript contains all the essentials required by statute to perfect the appeal, and to see that the transcript is filed in time. State v. Kurant, Mo.App., 282 S.W. 737.
The clerk's nonperformance of duty cannot excuse defendant's failure to see that the complete transcript is filed, and an omission or defect in the transcript is chargeable to the appellant. State v. Ross, 334 Mo. 870, 69 S.W.2d 293; State v. Randolph, Mo.App., 296 S.W. 440; State v. Daily, Mo.App., 27 S.W.2d 753; State v. Dempsey, 168 Mo.App. 298, 153 S.W. 1064.
It has been specifically held that the appellate court is "under no obligation of its own motion to question the verity of the transcript presented, or to call for any other or further transcript than that before the court." State v. Daily, supra .
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