State v. Madeira
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The order of the county court granting a license to the defendant did not constitute defendant a licensed dramshop keeper. The license toust be actually issued and delivered. State v. Totman, 82 Mo. App. 56; State v. Barnett, 110 M'o. App: 592; State v. Hughes, 24 Mo. 147; 23 Cyclopedia, of Law, 111; 17 Am. and Eng.
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The order of the county court granting a license to the defendant did not constitute defendant a licensed dramshop keeper. The license toust be actually issued and delivered. State v. Totman, 82 Mo. App. 56; State v. Barnett, 110 M'o. App: 592; State v. Hughes, 24 Mo. 147; 23 Cyclopedia, of Law, 111; 17 Am. and Eng. Ency. of Law, 236. (2) The state must show, affirmatively, that the offense was' committed prior to the filing of the information. State v. Magrath, 19 Mo. 678; State v. Findley, -77 Mo. 338; Underhill on Criminal…
1Opinion of the CourtBroaddus, P. J.
This cause was begun on August 16,1905, by the prosecuting attorney of the county filing in the office of the circuit clerk an information charging the defendant, in the first count, as a licensed dramshop keeper with having violated the statute in having kept open his place of business and sold or suffered to be sold intoxicating liquors on Sunday, the twelfth day of August, 1905. The prosecuting attorney dismissed as to the second count of the information and trial was had on said first count on the thirtieth day of April, 1906, which resulted in defendant’s conviction and his punishment…
2Cases cited4 opinions
- State v. BrownSupreme Court of Missouri · 1904
- State v. BarnettMissouri Court of Appeals · 1905
- State v. ReppettoMissouri Court of Appeals · 1896
- State v. MulloyMissouri Court of Appeals · 1905