Legal Opinion

State v. Oliphant

Missouri Court of Appeals

Decided January 6, 1908PublishedCited by 19 opinions

Appeal from Harrison Circuit Court. — Eon. Joshua W. Alexander, Special Judge. (1) The statute requires that a notice of the election shall be published in a specified manner before a legal election can be held. Sec. 3029. Tbe entire record of tbe county court, certified by tbe county clerk, was offered in evidence by tbe 'defendant. It fails to show any publication of the notice, nor was there any other proof offered showing such notice.

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Appeal from Harrison Circuit Court. — Eon. Joshua W. Alexander, Special Judge. (1) The statute requires that a notice of the election shall be published in a specified manner before a legal election can be held. Sec. 3029. Tbe entire record of tbe county court, certified by tbe county clerk, was offered in evidence by tbe 'defendant. It fails to show any publication of the notice, nor was there any other proof offered showing such notice. In all of the cases heretofore passed upon by the appellate courts of this State, involving the question, there was full and ample proof aliuncle of the…

1Opinion of the CourtJohnson, J.

On information of the prosecuting attorney, defendant was1 tried and convicted in the circuit court of Harrison county oh a charge of violating the local option law and was fined eight hundred dollars. He appealed to this court and advances three grounds on which he relies for a reversal of the judgment. First, that the record shows the local option law was not legally adopted in Harrison county prior to the commission of the offense charged; second, that incompetent eAddence prejudicial to defendant was admitted over his objection; and, third, that a cautionary instruction asked by defendant…

2Cases cited12 opinions

  1. State v. WalkerSupreme Court of Missouri · 1888
  2. State v. BecknerSupreme Court of Missouri · 1906
  3. Preuit v. PeopleNebraska Supreme Court · 1877
  4. Hronek v. PeopleIllinois Supreme Court · 1890
  5. State v. PollardSupreme Court of Missouri · 1903

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

3Cited by19 opinions

  1. Oldham v. StateWyoming Supreme Court · 1975
  2. State v. WilliamsSupreme Court of Missouri · 1935
  3. State v. WellmanSupreme Court of Missouri · 1913
  4. Herndon v. StateSupreme Court of Florida · 1916
  5. State v. BushMissouri Court of Appeals · 1909

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

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