248 Mo. 346 | Mo. | 1913
Defendant (claiming the ordinance was invalid on many grounds) was convicted in the police court of St. Louis for violating certain sections of ordinance 22998 of that city, regulating hospitals, lying-in establishments, lock-hospitals, etc. [Woerner’s Revised Code of St. Louis 1907, p. 1142.] He appealed to the Court of Criminal Correction, where, again convicted, he was fined $100 and costs. Appealing to this court, and raising a group of grave and interesting questions, he, preparatory to a hearing, filed a printed abstract of the record, as in duty bound to do under our rules. His abstract shows that plaintiff city put in evidence the ordinance on which the prosecution is based, but is silent on every jot and tittle of its terms and provisions. Why? Do appellate courts take judicial notice of town ordinances? They do not (Cox v. St. Louis, 11 Mo. *431), neither do trial courts (St. Louis v. Henning, 235 Mo. l. c. 52.).
Accordingly appellant should have abstracted those provisions of the ordinance he challenges. Respondent prints an additional abstract silent on the ordinance. In respondent’s statement of the case, however, the ordinance is printed in full, and if there was nothing else the matter with appellant’s abstract we might piece it out (ex gratia) with the ordinance respondent has brought here as part of its statement.
The judgment below being presumptively correct and finding it responsive to the pleadings, it is affirmed under the authority of many eases. We cite some as samples. From these discern all: Reno v. Fitz Jarrell, 163 Mo. l. c. 413; State v. Baty, 166 Mo. 561; Clay v. Publishing Company, 200 Mo. l. c. 672-3; Stark v. Zehnder, 204 Mo. l. c. 448-9; Gilchrist v. Bryant, 213 Mo. l. c. 443; Harding v. Bedoll, 202 Mo. 625; Kolokas v. Railroad, 223 Mo. 455; Wallace v. Libby, 231 Mo. 341; Keaton v. Weber, 233 Mo. l. c. 694.
While the point is not raised by counsel yet that is immaterial. This court may raise it sua sponte. [Hutson v. Allen, 236 Mo. 645.]
Let the judgment be affirmed. It is so ordered.