State v. Plassard, 6584.

CourtCourt of Appeal of Missouri (US)
Citation190 S.W.2d 464
Docket NumberNo. 6584.,6584.
PartiesSTATE v. PLASSARD.
Decision Date16 November 1945
190 S.W.2d 464
STATE
v.
PLASSARD.
No. 6584.
Springfield Court of Appeals. Missouri.
November 16, 1945.

Appeal from Circuit Court, Newton County; Emory E. Smith, Judge.

"Not to be published in State Reports."

Frank Plassard was convicted of exhibiting a deadly weapon in presence of divers persons in a rude, angry, and threatening manner, and he appeals.

Case transferred to the Supreme Court for disposition on the merits.

A. R. Dunn, Thomas A. Johnson and Leo H. Johnson, all of Neosho, for appellant.

BLAIR, Judge.


This is a criminal case and was instituted February 10, 1944, before a Justice of the Peace of Newton County, Missouri, upon the affidavit of Mary Frances Plassard, as follows:

"Frank Plassard in Buffalo Township in said county on February 10th, 1944, unlawfully and wilfully and feloniously in the presence of one or more persons to-wit: Alf Niece, Mary Frances Plassard, Henrietta Plassard and Louise Plassard and divers other persons to affiant unknown, exhibit in a rude, angry and threatening manner a certain deadly weapon, towit: a certain fire-arm and rifle loaded with gun powder and leaden balls, against the peace and dignity of the state, etc."

In the Justice of the Peace Court, appellant was bound over to the Circuit Court of Newton County, Missouri, and the prosecuting attorney of that county filed his information in the Circuit Court of that county, charging the defendant with the same offense charged in the affidavit in the Justice Court.

On October 11, 1944, the defendant was put on his trial in said Circuit Court, upon such information, and the jury found defendant (now appellant) guilty, as charged in the information, and assessed his punishment at a fine of $100.

On October 12, 1944, defendant filed his motion for new trial, which was overruled the same day, and the cause was continued until the February, 1945, Term of said Court; and, during the February Term, 1945, of said Court, judgment was entered on said verdict by the judge of said court.

Thereafter, and on the same day, to-wit, February 20, 1945, the defendant was granted an appeal to this Court and his appeal bond was fixed at $250. A bill of exceptions was certified by the clerk of said court on August 14, 1945, and the case is thus before us.

The Prosecuting Attorney of Newton County has filed no brief on the merits in this Court and the appellant, in his brief, has confined himself largely to the merits of the case and to the instructions given by the trial...

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