WOLFE, Judge.
The defendant was charged with the malicious destruction of property which is a misdemeanor under § 560.395, V.A.M.S. He was convicted in a Magistrate Court and appealed to the Circuit Court. There a jury was waived and upon trial to the court he was found guilty and his punishment assessed at one year in the county jail. He appealed to the Missouri Supreme Court on the theory that a constitutional question in the case gave that court jurisdiction...
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