State v. Fulks
Supreme Court of Missouri
Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) The court should have given defendant’s instruction 2. The act charged in the information, and the' gifts of liquor proven on the trial, are not within the spirit or the. terms of the Local Option Law. This law was directed against the traffic in intoxicating liquors and was not intended to regulate the habits or appetites of individuals.
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Appeal from Stoddard Circuit Court. — Hon. J. L. Fort, Judge. (1) The court should have given defendant’s instruction 2. The act charged in the information, and the' gifts of liquor proven on the trial, are not within the spirit or the. terms of the Local Option Law. This law was directed against the traffic in intoxicating liquors and was not intended to regulate the habits or appetites of individuals. R. S. 1899, art. 3, chap. 22, p. 764; Ex parte Handler, 176 Mo. 390. The title of the original act negatives the inference that the law was directed against gifts; it reads as follows: “An Act…
1Opinion of the CourtGantt, J.
— -On the sixth day of July, 1906, the prosecuting attorney of Stoddard county filed an information, duly verified, in the office of the circuit clerk of said county, against the defendant, wherein he informed the court that on the first day of December, 1903, the Act of the Legislature, commonly known as the Local Option Law, to-wit, article 3 of chapter 22 of the Revised Statutes of 1899, had been duly adopted and was in force as the law of the State within and for the county of Stoddard and State of Missouri, and that there was no city within said county having a population of 2,500…
2Cases cited13 opinions
- Grandy v. CaseySupreme Court of Missouri · 1887
- State v. BarrettSupreme Court of Kansas · 1882
- Miller v. JonesSupreme Court of Alabama · 1885
- State v. YoungIndiana Supreme Court · 1874
- State v. Great Western Coffee & Tea Co.Missouri Court of Appeals · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
- State ex rel. Wiles v. WilliamsSupreme Court of Missouri · 1910
- Ex Parte PrichaSupreme Court of Florida · 1915
- State v. RawlingsSupreme Court of Missouri · 1911
- State v. SloanSupreme Court of Missouri · 1914
15 more not listed; retrieve them via the Exa API.