State v. Burns
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Eon. John T. Moore, Judge. (1) The first section of the “Order House Act,” Laws 1907, pp. 231 and 232, upon which the main charge in this information is based, is unconstitutional.
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Appeal from Lawrence Circuit Court. — Eon. John T. Moore, Judge. (1) The first section of the “Order House Act,” Laws 1907, pp. 231 and 232, upon which the main charge in this information is based, is unconstitutional. State v. Rawlings, 232 Mo. 544. (2) The information charging offenses under two separate sections, one of which was unconstitutional, the court proves his own error by refusing to quash the information and rendering a general verdict of guilty as charged, for he showed by this act that he was of the same opinion that the trial judge was in the Rawlings case (that defendant was…
1Opinion of the CourtFerriss, J.
Defendant was convicted under an information which, in proper form, charged that he did “willfully and unlawfully order for, receive, keep, store and deliver . . . one-half pint of whiskey for one Alex Hixon,” in a local option county, in violation of the Act of 1907, Laws 1907, p. 231 (now Sees. 7226, 7227, 7228 and 7229, R. S. 1909), the first three sections of which read as follows:
“Section 1. It shall be unlawful for any person or persons not a licensed dramshop-keeper or by law authorized to sell liquor as a wholesaler, to order for, *221receivei, store, keep or deliver, as agent or…
2Cases cited2 opinions
- State v. RawlingsSupreme Court of Missouri · 1911
- State v. CurrierSupreme Court of Missouri · 1910
3Cited by10 opinions
- State v. FinleySupreme Court of Missouri · 1914
- State of Missouri v. KramerMissouri Court of Appeals · 1920
- State v. BrownMissouri Court of Appeals · 1915
- State v. FraserMissouri Court of Appeals · 1912
- City of Kirksville v. WardenSupreme Court of Missouri · 1918
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