City of St. Louis v. Marchel

• Decision Date: 27 January 1890
• Citation: 12 S.W. 1050,99 Mo. 475
• Parties: CITY OF ST. LOUIS v. MARCHEL.
• Court: Missouri Supreme Court

12 S.W. 1050

99 Mo. 475

CITY OF ST. LOUIS v. MARCHEL.

Supreme Court of Missouri.

January 27, 1890.

VIOLATION OF CITY ORDINANCE — APPEAL — CONSTITUTIONAL LAW.

1. Under Rev. St. Mo. 1879, App. p. 1515, § 26, giving an appeal to the defendant from a judgment of the St. Louis court of criminal correction, and providing for writ of error upon any final judgment of said court, the city of St. Louis cannot appeal from a judgment of acquittal of the defendant, sued for violation of an ordinance, as the charter of the city does not authorize appeals in such cases, and Rev. St. Mo. 1879, § 1986, authorizing appeals by the state when an indictment is quashed, or judgment thereon is arrested, does not apply to such cases.

2. The provisions of section 26, giving appeals to the defendant only, does not infringe the constitutional right of plaintiff to a review by the supreme court of the judgment, as it gives him a convenient and efficient mode of review by writ of error.

Appeal from St. Louis court of criminal correction; E. A. NOONAN, Judge.

The defendant was prosecuted in one of the police courts of St. Louis for violating an ordinance of the city, by refusing to connect certain premises with the adjacent sewer, pursuant to the order of the health commissioner to that effect. The case was tried before a jury. The defendant was acquitted. The plaintiff appealed to the St. Louis court of criminal correction. At the trial anew in the latter court there resulted a finding and judgment for defendant, from which plaintiff has appealed to this court. Rev. St. Mo. 1879, App. p. 1515, § 26, provides that "an appeal shall be allowed the defendant from any final judgment of said court to the supreme court, (St. Louis court of appeals,) if applied for within ten days after the rendition of such judgment, but not otherwise. 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. Writs of error shall be allowed upon any final judgment of said court, and may be prosecuted and issued from the supreme court, [St. Louis court of appeals,] in like manner, and with similar effect, as writs of error to the St. Louis criminal court." Rev. St. Mo. 1879, § 1986, provides: "When any indictment is quashed, or adjudged insufficient upon demurrer, or when judgment thereon is arrested, the court in which the proceedings were had, either from its own knowledge, or from information given...