Kansas City v. Miller, 25393

• Decision Date: 01 February 1971
• Docket Number: No. 25393,25393
• Citation: 463 S.W.2d 565
• Parties: KANSAS CITY, Missouri, Respondent, v. Carlton E. MILLER, Appellant.
• Court: Missouri Court of Appeals

Page 565

463 S.W.2d 565

KANSAS CITY, Missouri, Respondent, v.Carlton E. MILLER, Appellant.

No. 25393.

Kansas City Court of Appeals, Missouri.

Feb. 1, 1971.

Carlton E. Miller, in pro. per.

Aaron A. Wilson, City Counselor, Louis W. Benecke, City Pros., Walter J. O'Toole, Jr., Asst. City Pros., Kansas City, for respondent.

JAMES W. BROADDUS, Special Commissioner.

On October 3, 1969, an information was filed in the Municipal Court of Kansas City, Missouri, charging defendant, Miller, with violation of Chapter 26, Sect. 26.35 of the Revised Ordinances of Kansas City, Missouri, in that he did hinder and interfere with a Kansas City, Missouri police officer who was in the discharge of his official duties, by failing to give his name, address, reason for being in the area, and any other information.Upon trial in the municipal Courtdefendant was found guilty and fined $25.He appealed to the Circuit Court.There a trial was had before the court, a jury having been waived, and defendant was again convicted.He has perfected his appeal to this Court.At appellant's request, the trial court allowed him to prosecute the appeal as a poor person, and ordered that he be provided with a transcript of the trial proceedings without cost.

A motion to transfer this case to the Supreme Court has been filed.The motion was taken with the case.The ground assigned in the motion is that we are asked to construe the Constitution of the United States and of the State of Missouri.Constitutional questions must be raised at the earliest opportunity consistent with good pleading and orderly procedure, the section of the Constitution claimed to have been violated must be specified, and the point must be preserved throughout the trial and in after trial motions.State v. Knight, Mo.App., 351 S.W.2d 802, 804;Stine v. Kansas City, Mo.App., 458 S.W.2d 601, 605.As shown by the transcript, no such question was raised in the trial court and no motion for new trial was filed.T...