Legal Opinion

State v. Brown

Missouri Court of Appeals

Decided March 31, 1908PublishedCited by 9 opinions

Appeal from McDonald Circuit Court. — Hon. F. C. Johnston, Judge. (1) The law requires that notice of a local option election shall be given by publication in some newspaper published in the county for four consecutive weeks, that is twenty-eight days, and an election held without the require^, notice is illegal and void. Under the local option law it is necessary in giving this notice, if given in a weekly paper, to have five insertions or five publications.

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Appeal from McDonald Circuit Court. — Hon. F. C. Johnston, Judge. (1) The law requires that notice of a local option election shall be given by publication in some newspaper published in the county for four consecutive weeks, that is twenty-eight days, and an election held without the require^, notice is illegal and void. Under the local option law it is necessary in giving this notice, if given in a weekly paper, to have five insertions or five publications. State v. Dobbins, 16 Mo. App. 29; State-v. Tucker-, 32 Mo. App. 620; Bean v. Barton County Court, 33 Mo. App. 635; State v. Kaufman, 45…

1Opinion of the CourtBland, P. J.

The appeal is from a conviction of defendant for an illegal sale of intoxicating liquor. The information was filed before a justice of the peace in McDonald county, and charged that defendant, on September 8, 1905, sold intoxicating liquor, in McDonald county, in violation of the local option law, which the *216information alleged had been adopted in said county and was in force therein. In dne course the canse was appealed to the circuit court, where on a trial de novo defendant was found guilty and his punishment assessed at a fine of $300. Various errors are assigned as having intervened on…

2Cases cited9 opinions

  1. State ex rel. Weber v. TuckerMissouri Court of Appeals · 1888
  2. Cruzen v. StephensSupreme Court of Missouri · 1894
  3. Young v. DowneySupreme Court of Missouri · 1899
  4. In re WooldridgeMissouri Court of Appeals · 1888
  5. State v. KaufmanMissouri Court of Appeals · 1891

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Jay v. O'DonnellIndiana Supreme Court · 1912
  2. City of Brunswick Ex Rel. Barkwell v. BenekeSupreme Court of Missouri · 1921
  3. State Ex Rel. Kelsey v. SmithSupreme Court of Missouri · 1934
  4. State v. FleetwoodMissouri Court of Appeals · 1910
  5. State ex rel. Gunn v. CordellMissouri Court of Appeals · 1909

4 more not listed; retrieve them via the Exa API.

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