State v. Walker
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Eon. W. N. Evans, Judge. (1) The adoption of the local option law, article 3, chapter 22, Revised Statutes 1899, bars any prosecution in the locality adopting said law for violation of the dramshop law. The dramshop law was not in force in Howell county at the time of the trial and conviction of defendant.
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Appeal from Howell Circuit Court. — Eon. W. N. Evans, Judge. (1) The adoption of the local option law, article 3, chapter 22, Revised Statutes 1899, bars any prosecution in the locality adopting said law for violation of the dramshop law. The dramshop law was not in force in Howell county at the time of the trial and conviction of defendant. It is a well-established principle of law that an offender cannot be punished for the infraction of a penal law if it expires or is repealed before the conviction, although the prosecution was begun while the act was in force. Endlich on the…
1Opinion of the CourtGoode, J.
Defendant was indicted by the grand-jury of Howell county February 14, 1907, for disposing of liquors unlawfully to a minor without the written permission of the parent or guardian of said minor. Appellant was a dramshop keeper and was indicted as such; but before the trial, to-wit, January 31, 1907, an election was held in Howell county to determine whether the sale of liquors in said county should be prohibited under the local option law, and as the vote was in favor of prohibition, the statute against the sale of liquors in the county went into effect March 16, 1907. This case was not…
2Cases cited7 opinions
- Mullinix v. PeopleIllinois Supreme Court · 1875
- State v. QuinnMissouri Court of Appeals · 1902
- State v. BarnettMissouri Court of Appeals · 1905
- State v. GilsonMissouri Court of Appeals · 1905
- State v. BarnettMissouri Court of Appeals · 1905
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3Cited by4 opinions
- State v. SeiberlingMissouri Court of Appeals · 1910
- State v. TullarMissouri Court of Appeals · 1909
- State v. HoldenMissouri Court of Appeals · 1910
- State v. ThompsonMissouri Court of Appeals · 1910