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eBook details

• Title: Kansas City v. Vincent S. Henderson
• Author : Supreme Court of Missouri Division 2
• Release Date : January 14, 1971
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Defendant was charged in the Municipal Court of Kansas City with stealing. He was convicted and then appealed to the Circuit
Court pursuant to Supreme Court Rule 37.84, V.A.M.R. 1 In a trial de novo in the Circuit Court a jury found him guilty
and assessed his punishment at a fine of $100. We have jurisdiction of the appeal because questions of constitutional construction
are involved. Art. V, § 3, Constitution of Missouri, 1945. We affirm. Three ultimate questions are presented by defendant's appeal. They are: (1) Does the two-tier system of courts wherein one
appealing from a judgment of the municipal court has a trial de novo in the circuit court (rather than an appellate type of
review) result in placing defendant in double jeopardy, in violation of the Fifth and Fourteenth Amendments to the Constitution
of the United States and Art. I, § 19 of the Constitution of Missouri, 1945? (2) Was the sentence imposed in the
trial in the circuit court greater than that imposed at the first trial in the municipal court, and if so, did it violate
due process rights of defendant under the doctrine of North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656?
(3) Was the ordinance (purportedly making stealing a misdemeanor) under which defendant was prosecuted invalid on the basis
that the city was not authorized to prohibit and punish misdemeanors?

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