State v. Binswanger
Missouri Court of Appeals
Appeal from Buchanan Criminal Court. — Hon. John A. Rich, Special Judge. (1) The city of St. Joseph, under its charter, has the exclusive power to regulate dramshops within its limits. R. S. 1899, sec. 5508; State v. Kessels, — Mo.
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Appeal from Buchanan Criminal Court. — Hon. John A. Rich, Special Judge. (1) The city of St. Joseph, under its charter, has the exclusive power to regulate dramshops within its limits. R. S. 1899, sec. 5508; State v. Kessels, — Mo. App. —; State v. Clarke, 54 Mo. 17; People v. Hanrahan, 4 L. R. A. 757; State v. Thompson, 160 Mo. 341; Huff-smith v. People, 8 Colo. 175; State v. Binder, 38 Mo. 450; Givens v. Yan Studdeford, 86 Mo. 156. (2) A charter which confers exclusive jurisdiction upon municipal authorities operates to repeal the general law on the samé subject within the municipality.…
1Opinion of the CourtEllison, J.
The defendant was prosecuted by information filed by the prosecuting attorney of Buchanan county, for selling and retailing fermented or distilled liquor on Sunday contrary to the provisions of section 2243, Revised Statutes 1899, in relation to “Sell: ing goods on Sunday.” He was convicted in the trial court and fined twenty-five dollars.
The cause was submitted to the court, without a jury, on a statement of facts wherein it was agreed that defendant was regularly licensed as a dramshop keeper by the city of St. Joseph, a city within Buchanan county. That he sold a pint of whiskey and a…
2Cases cited6 opinions
- State ex rel. Lionberger v. TolleSupreme Court of Missouri · 1880
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- State ex rel. Dickason v. County CourtSupreme Court of Missouri · 1895
- State ex rel. Martin v. WoffordSupreme Court of Missouri · 1894
- Dunne v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1895
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3Cited by2 opinions
- Hill v. SheridanMissouri Court of Appeals · 1908
- State ex rel. Fitch v. LongMissouri Court of Appeals · 1912