(Download) "State Missouri Ex Rel. Clarence House V." by Kansas City District Missouri Court of Appeals ~ Book PDF Kindle ePub Free

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Title: State Missouri Ex Rel. Clarence House V.
Author : Kansas City District Missouri Court of Appeals
Release Date : January 03, 1968
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

This is an appeal from the action of the Jackson County Circuit Court in dismissing appellant's petition for writ of mandamus.
The petition alleges that petitioner was arrested by a police officer of Kanas City, Missouri, on May 7, 1967. Two Uniform
Traffic Tickets were issued to him, one charging him with careless driving, and the other charging him with driving while
under the influence of intoxicating liquor. Petitioner was held in jail overnight and he alleges that he was denied an opportunity
to contact anyone. He was taken before the respondent Judge at 9:00 A.M. the next morning where he pleaded guilty to both
charges and was fined an aggregate of $135.00. Thereafter, on May 12, 1967, he filed a "Motion to Set Aside Plea Guilty" in
both cases, which motions he alleges were "summarily overruled by respondent." Thereafter, on May 16, 1967, petitioner filed
affidavit of appeal in both cases, as to which he alleges "that Respondent refused to approve said appeals or allow them to
be acted upon by the Clerk of the Municipal Court of Kansas City, Missouri." Petitioner alleges that respondent Judge's actions
in denying his application to withdraw plea of guilty and refusing to permit appeal were "arbitrary, illegal and void." Respondent
filed a motion to dismiss the petition, a return to the petition and a motion for summary judgment. Copies of the two traffic
tickets, the motion to set aside plea of guilty and the affidavit for appeal are attached to the petition as exhibits. These
exhibits are not questioned in this proceeding and have been adopted by respondent in some of his pleadings. The trial court sustained the motion to dismiss and ordered the cause dismissed with prejudice. From this order, petitioner
has duly appealed to this court.