254 Mo. 309 | Mo. | 1914
This proceeding was begun in the first district police court of the city of St. Louis, upon the following report of the chief of police:
“To the Police Justice of the First District Police Court of the City of St. Louis, Missouri,
June 29, 1909:
State of Missouri, \ City of St. Louis. )
“City of St. Louis, June 28, A. D. 1909:
“Abraham Slupsky,,
“To the City of St. Louis, Dr.
“To five hundred dollars for the violation of an ordinance of said city entitled An Ordinance in Revision of the General Ordinance of- the City of St. Louis, being ordinance No. 22903, section 1537, approved March 19,1907.
“In this, to-wit: In the City of St. Louis and State of Missouri, on or about the 28th day of June, 1909, the said Abraham Slupsky did then and there wilfully disturb the peace of others, and particularly of Lawrence L. and Marius D. Prince, by violent, tumultuous, offensive and obstreperous, conduct and carriage, and by loud and unusual noises, and by unseemingly profane, obscene and offensive' language, calculated to provoke a breach of the peace, and by assaulting, striking and fighting others, and particularly Lawrence L. and Marius D. Prince, contrary to the peace and dignity of the city and the ordinance in such cases made and provided.
Contrary to the ordinancé in such cases made and provided.
“E. P. Ckeecy,
“Chief of Police of the City of St. Louis.”
“Sec. 1537. — Disturbances of the peace, assault, etc. — Penalty.—Any person who, in this city, shall disturb the peace of others by violent, tumultuous, offensive or obstreperous conduct or carriage, or by loud and unusual noises, or by unseemly, profane, obscene or offensive language, calculated to provoke a breach of the peace, or by assaulting, striking or fighting another; or any person who, in this city, shall permit any such conduct in or upon any house or premises owned or possessed by them (him), or under (his) their management or control, so that others in the vicinity.are disturbed thereby, shall be deemed guilty of a misdemeanor, and upon conviction thereof be fined not less than five nor more than five hundred dollars.”
Appellant took a change of venue from the first district police court to the police court south of Arsenal street, where he was tried and judgment rendered in his favor, from which the city took its appeal to the court of criminal correction, where it came to trial.
The evidence, which is undisputed, was to the effect that Mr. Slupsky lived on the south side of the Lindell boulevard in the city of St'. Louis. His backyard was from one hundred to one hundred and twenty-five feet in depth and was divided from the backyard of the Prince family, who lived in the adjoining premises on the west, by a wire fence that was high enough to come up to Mr. Slupsky’s chest, and a hedge about half as high as the fence, along which it grew. On the date charged in the report or information, some of the younger members of the Prince family, including three boys, the youngest being seventeen years old, and their sisters who were young ladies of various ages that come within that description, were at luncheon in the dining room in the rear end of their house, when one of them, Benton, the youngest of the
When evidence was offered the defendant objected to its admission on the ground that the report did not state facts sufficient to constitute a cause of action, and at the close of the testimony asked the court to instruct that upon the evidence adduced the jury would find for the defendant.’ The court overruled the objection to the introduction of testimony and refused the instruction asked, to each of which ruling’s the defendant at the time duly excepted. The court thereupon instructed the jury of its own motion as follows:
“If the jury believe from the evidence that the defendant, Abraham Slupsky, in the city of St. Louis and state of Missouri, on or about the 28th day of June, 1909, did wilfully, that is, intentionally, use indecent, unseemly, profane, obscene and offensive language in the rear of the premises’, 3846 Lindell boulevard, or the premises next west, in the presence of Lawrence L. Prince and Marius D. Prince, and that the peace of them, or either of them, was thereby actually disturbed by said indecent, unseemly, profane, obscene and offensive language, used as aforesaid, you will find the defendant guilty as charged in the report of the chief of police, filed herein, and unless you so find you should acquit the defendant.”
The judgment of the court of criminal correction is reversed, 'and the cause remanded.
The foregoing opinion by Broion, G., is adopted as> the opinion of the court.