UNIVERSITY CITY v. MILLER

No. 33917.

469 S.W.2d 941 (1971)

UNIVERSITY CITY, Plaintiff-Appellant, v. Thomas MILLER, Defendant-Respondent.

St. Louis Court of Appeals, Missouri.

July 27, 1971.


Attorney(s) appearing for the Case

Jack J. Morris, John F. Mulligan, St. Louis, for plaintiff-appellant.

Harold G. Johnson, Chester B. Hayes, St. Ann, for defendant-respondent.


CLEMENS, Commissioner.

In the City's municipal court defendant was found guilty of peace disturbance. On his appeal the case was tried de novo and at the close of evidence the circuit court granted defendant's motion to dismiss because the City had failed to plead he had "wilfully" disturbed the peace, as proscribed by the ordinance. Now the City appeals, challenging the trial court's refusal to allow it to amend after the evidence was closed.

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