Village of Marble Hill v. Caldwell

• Decision Date: 08 May 1915
• Docket Number: No. 1446.,1446.
• Citation: 176 S.W. 294,189 Mo. App. 286
• Parties: VILLAGE OF MARBLE HILL v. CALDWELL.
• Court: Missouri Court of Appeals

176 S.W. 294

189 Mo. App. 286

VILLAGE OF MARBLE HILL v. CALDWELL.

No. 1446.

Springfield Court of Appeals. Missouri.

May 8, 1915.

Appeal from Circuit Court, Bollinger County; Peter H. Huck, Judge.

Joseph W. Caldwell was convicted of violating a village ordinance, and he appeals. Appeal dismissed.

Joseph W. Caldwell, of Marble Hill, in pro. per. Anthony & Davis, of Fredericktown, for respondent.

ROBERTSON, P. J.

Defendant was convicted of violating an ordinance regulating and restrainng the running at large of stock within the corporate limits of the plaintiff municipality, a village organized under article 6, c. 84, R. S. 1909. He appealed, under section 9461, R. S. 1909, to the circuit court where, upon a trial anew, he was again convicted, and has again appealed, filing here a full transcript of the record. He has not complied with our rules 14, 15 (169 S. W. xxi), and 18 (169 S. W. xxii), and in the face of respondent's motion to dismiss his appeal for this reason he contends that these rules have no application, because, it is said, this is a criminal case, citing King City v. Duncan, 238 Mo. 513, 142 S. W. 246, and insisting that we must, under section 5312, R. S. 1909, proceed to examine the transcript and render judgment thereon.

The St. Louis Court of Appeals, in the case of Caruthersville v. Palsgrove, 155 Mo. App. 564, 134 S. W. 1032, construing section 9343, held that these prosecutions are not to be classed as criminal cases so far as appellate procedure is concerned. That opinion is cited, with approval by the same court, in City of Hannibal v. Dudley, 158 Mo. App. 261, 138 S. W. 552. We held in Meredith v. Whillock, 173 Mo. App. 542, 158 S. W. 1061, that they are not criminal cases within the meaning of section 6383, allowing proof of a conviction of a criminal offense to affect the credibility of a witness. The Duncan Case, supra, is there discussed. In City of Columbia v. Samuels, 164 Mo. App. 92, 147 S. W. 1132, the Kansas City Court of Appeals held that as to arraignment of and plea by a defendant in prosecutions for the violation of an ordinance the procedure in civil cases applied. The same court, in Stanberry v. O'Neal, 166 Mo. App. 709, 150 S. W. 1104, held that in the prosecution of violations of city ordinances involving evil intent an instruction on reasonable doubt, as in criminal cases, is proper. That case is cited with approval by the same court in the case of City of Grant City v. Simmons, 167 Mo. App. 183, 190, ...