48 Mo. 481 | Mo. | 1871
delivered the opinion of the court.
In November, 1870, the defendants were indicted in St. Francois county for the offense of disturbing a religious congregation.
No brief in behalf of the defendants is filed, but the objections above mentioned are presumed tobe founded upon the decision of this court in The :State-v.' Huffschmidt, 47 Mo. 73, where it was held that an indictment would not lie for the offense of selling liquor on Sunday in violation of the statute (Wagn. Stat. 504, " § 35). The case át bar, however, is broadly distinguishable from that. Here'the indictment is founded upon a different section of 'the statute (Wagn. Stat. 504, § 30) and is' for a'different offense, and upon an óffensé subject to a different measure of punishment. In the case now before us the offense charged is punishable by either fine or imprisonment, and is therefore not punishable by fine “ only,” as in the Huffschmidt case, The present indictment charges an offense which is punishable by “ fine not exceeding one hundred dollars, and * * * by confinement in the county .jaib not exceeding three months” where the offender is unable to pay the fine imposed.
In the Huffschmidt case'the indictment charged an.offense punishable by a fine not exceeding $50, and no imprisonment was allowable. The court there -held,'in accordance with the statute (Wagn. Stat. 516,' §' 29),' that the.offense being “ punishable by fine only,” the remedy was by civil action, as-provided in the section last referred to.
The court had jurisdiction of the "subject-matter of the indictment. (Wagn. Stat. 516, § 32; and see State v. Warnke, ante, p. 451.)
Judgment reversed and cause remanded.
