State v. Kanaman
| Decision Date | 06 February 1888 |
| Citation | 94 Mo. 71,6 S.W. 704 |
| Parties | STATE v. KANAMAN. |
| Court | Missouri Supreme Court |
Appeal from circuit court, Lawrence county; M. C. McGREGOR, Judge.
Christina Kanaman was convicted before a justice of a misdemeanor. She appealed to the circuit court, where the complaint was dismissed on her motion. From that action of the circuit court the state appealed.
The Attorney General, for the State. Landrum & Davis, for respondent.
Complaint was made by a private person before a justice of the peace charging defendant with a misdemeanor. She was tried and convicted, and appealed to the circuit court, when she filed a motion to dismiss the complaint, on the ground that it was filed by a private person. The prosecuting attorney offered to file an amended complaint, which the court refused, and sustained the motion to dismiss; and it is from this action of the court that the state has appealed.
On the authority of the case of State v. Russell, 88 Mo. 648, we must hold that the action of the circuit court was proper; and the judgment is hereby affirmed.
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State v. Thayer
...proceeding, and that the action begun was a criminal one. No question of the right of the state to appeal was raised. In State v. Kanaman, 94 Mo. 71, 6 S. W. 704, a complaint was made by a private citizen, before a justice of the peace, charging the defendant with a misdemeanor. The defenda......
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The State v. Thayer
...proceeding, and that the action begun was a criminal one. No question of the right of the State to appeal was raised. In State v. Kanaman, 94 Mo. 71, 6 S.W. 704, a complaint made by a private citizen before a justice of the peace charging the defendant with a misdemeanor. The defendant was ......
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State v. Smith
...288 Mo. loc. cit. 59, 60, 231 S. W. loc. cit. 629, 630. The rulings of this court in State v. Russell, 88 Mo. 648, and State v. Kanaman, 94 Mo. 71, 6 S. W. 704, as far as inconsistent with the views here expressed, are The opinions of the Courts of Appeals, based on the above opinions, or e......
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State v. Smith
...Co. v. Unverferth, 288 Mo. l. c. 59-60, 231 S.W. l. c. 629-30. The rulings of this court in State v. Russell, 88 Mo. 648, and State v. Kanaman, 94 Mo. 71, as far inconsistent with the views here expressed, are overruled. The opinions of the Courts of Appeals, based on the above opinions, or......