City of Columbia v. Samuels

Missouri Court of Appeals

City of Columbia v. Samuels

147 S.W. 1132, 164 Mo. App. 92, 1912 Mo. App. LEXIS 305

CourtMissouri Court of Appeals

DecidedMay 27, 1912

StatusPublished

Cited by1 cases

This text of 147 S.W. 1132 (City of Columbia v. Samuels) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Columbia v. Samuels, 147 S.W. 1132, 164 Mo. App. 92, 1912 Mo. App. LEXIS 305 (Mo. Ct. App. 1912).

Pincite

Opinion

ELLISON, J.

Defendant was convicted in the police court of Columbia for the violation of a city ordinance, in the sale of intoxicating liquor. He appealed to the circuit court and was again convicted.

It is objected that the record fails to show an arraignment of defendant and his plea to the charge. In this respect, cases "of this nature are likened to procedure in civil cases and an arraignment is not necessary. [St. Louis v. Knox, 74 Mo. 79.]

Defendant likewise insists that his motion in arrest of judgment should have been sustained on ac[93]*93count of insufficiency of the information filed in the police court. In our opinion it is sufficient to sustain the finding and judgment.

It is next insisted that if the trial court had given defendant the benefit of the reasonable doubt which it is claimed the evidence shows, it would have resulted in his acquittal. But after consideration of the arguments made by counsel, and the record in the cause, we are satisfied we have no right to interfere on the score of insufficiency of evidence.

An examination of the record leads to an affirmance of the judgment.

All concur.

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