State v. White

• Decision Date: 06 August 1902
• Citation: 96 Mo. App. 34,69 S.W. 684
• Parties: STATE v. WHITE.
• Court: Missouri Court of Appeals

69 S.W. 684

96 Mo. App. 34

STATE v. WHITE.

Court of Appeals at St. Louis, Missouri.

August 6, 1902.

CORPORATIONS — OBSTRUCTING PUBLIC ROAD — INDICTMENT.

1. A corporation is subject to indictment for obstructing a public road.

2. Where one participates in an act which constitutes the obstruction of a public road, it is immaterial whether or not he knew that the road was legally established; but where the president of a corporation has had no personal knowledge of, or part in, the obstruction of a public highway by said corporation, he is not liable to conviction for having "willfully or knowingly" obstructed the road, under section 9454, Rev. St. 1899, in the circumstances stated in the opinion.

3. The word "willfully," as used in the statute above cited, does not include an act done innocently and in good faith.

4. The words of a statute should be given their plain and ordinary meaning.

(Syllabus by the Judge.)

Appeal from circuit court, Ripley county; Jas. L. Fort, Judge.

J. B. White was convicted of dealing in timber and operating a private railroad, and appeals. Reversed.

L. F. Dinning and J. C. Sheppard, for appellant. Thos. F. Lane, for respondent.

BARCLAY, J.

This prosecution was instituted in the Ripley county circuit court to the November term, 1901, by information of the prosecuting attorney, against the Missouri Tie & Timber Company, a corporation dealing in timber, and operating a private railroad in said county, and against Mr. J. B. White, its president, and Mr. J. T. Henderson. During the progress of the trial, a nolle was entered as to all the defendants except Mr. White, the president of the said company. The trial proceeded as to the remaining defendant before a jury. At the conclusion thereof, he was found guilty, as charged in the information, and his punishment assessed at a fine of $60. After unsuccessful motions for a new trial, and in arrest of judgment, the defendant appealed. The information is founded on section 9454, Rev. St. 1899, and it charges the Missouri Tie & Timber Company, a corporation, and its officers, the defendant, its president, and Mr. Henderson with misdemeanor, in that they did "unlawfully, willfully, and knowingly obstruct a certain public road" in Carter county, Mo., near the residence and farm of Mr. J. M. Randle," etc., by "building a railroad, with cross-ties and steel rails, in and upon, along and across, the right of way of said road," etc. At the trial it appeared that the public road in question had been used and improved as such for some 20 years; that the Missouri Tie & Timber Company, in order to bring out timber for its business purposes, had built its railroad in such a manner as to obstruct the public road for about 160 feet of its course. The company had a recorded deed for a "right of way" for the aforesaid railroad through the farm of Mr. Randle, who, it may be inferred, was the proprietor of the land on both sides of the public road. Defendant is the president of the company, but there is no proof whatever of any personal direction, management, or participation on his part in the acts charged to constitute the misdemeanor, other than may be inferred from his office as president....