Joshua Southard was cited for speeding and failing to yield to an emergency vehicle. He requested a trial in the Cape Girardeu County Circuit Court and was found guilty and fined. He appealed, claiming that the circuit court lacked subject matter jurisdiction. He was correct: the appropriate court was the municipal court. However, Southard, when requesting the hearing, told the circuit court that the municipal court had previously heard his case and rendered judgment. The circuit court did have the power to hold a trial de novo. The prosecution argued that because Southard "stated that judgment had been rendered against him in the municipal court, he should not be allowed to take advantage of an error of his own making." Did Southard win his appeal arguing that the court lacked subject matter jurisdiction?