Missouri City v. Hutchinson

• Decision Date: 31 October 1879
• Citation: 71 Mo. 46
• Parties: MISSOURI CITY v. HUTCHINSON, Appellant.
• Court: Missouri Supreme Court

71 Mo. 46

MISSOURI CITY

v.HUTCHINSON, Appellant.

Supreme Court of Missouri.

October Term, 1879.

Appeal from Clay Circuit Court.--HON. GEO. W. DUNN, Judge.

REVERSED.

D. C. Allen for appellant.

Respondent not represented.

NORTON, J.

On the 20th day of July, 1874, A. P, Gano, recorder of Missouri City, issued a summons to the constable of the city of Missouri City, commanding him to summon Francis M. Hutchinson as therein directed, which summons is as follows:

The Mayor, Councilmen and Citizens of Missouri City,

vs.

Complainants,

)

F. M. Hutchinson, Jr., Defendant.

The State of Missouri--To the Constable of the city of Missouri City:

Whereas, complaint has been made before me, the undersigned recorder of the city of Missouri City, by Lewis G. Hopkins, constable of said city, that F. M. Hutchinson, Jr., a dealer in drugs and medicines, did directly or indirectly sell or give away intoxicating liquors in a quantity less than one gallon, within the limits of the city of Missouri City, within twelve months from this date--and the same was not sold for medicinal purposes, upon the written prescription or certificate of a regular practicing physician of Clay county that such intoxicating liquor was to be used for medicinal purposes--and such prescription was not given in each or any case of purchase and sale by said F. M. Hutchinson, Jr., and such intoxicating liquors were sold to be drunk on the premises where sold, in violation of section one (1) of an ordinance of the city of Missouri City, entitled, “An ordinance relating to the retailing of spirituous liquors within the limits of Missouri City, Missouri,”--the said F. M. Hutchinson, Jr., being then and there guilty of a misdemeanor. These are, therefore. to command you to summon the said F. M. Hutchinson Jr., that he be and appear before the undersigned recorder of the city of Missouri City, on the 24th day of July, A. D. 1874, at the hour of ten o'clock in the forenoon, at the council noom, in the said city of Missouri City, to answer said complaint of the mayor, councilmen and citizens of Missouri City, and be further dealt with in accordance with law, and have you then and there this writ.

Given under my hand this 20th day of July, A. D. 1874.

A. P. GANO, Recorder.

Defendant appeared before the recorder as commanded, was tried, convicted and fined $20, from which judgment he appealed to the circuit court of Clay county, where, upon trial de novo he was found guilty and his fine assessed at $20, from which he has appealed to this court On the trial defendant, after having pleaded that the said circuit court had no jurisdiction to hear or determine said cause “because there was not filed with the said recorder, prior to the issue of the summons therein, or at any time, a written or printed statement of the offense charged against him, said defendant, signed by the informer as required by law and the ordinance of said city, nor is there now any such statement in the case,” objected to the introduction of any evidence on the part of plaintiff because there was no written statement, as required by the charter, setting forth the offense for which defendant was sought to be made hable; this objection was overruled, and the action of the court in that respect is assigned for error. We are of opinion that the objection was well taken and ought to have been sustained. It is provided in the...