Legal Opinion

City of Mexico v. Gray

Missouri Court of Appeals

Decided March 2, 1920PublishedCited by 3 opinions

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Appeal from the Circuit Court of Audrain County.— Hon. E. 8. Gantt, Judge. (1) Delivery is the voluntary and intentional surrender of an article by one in the possession and control of the same to another in such a manner that it is intended and the other shall come into possession and control of the article and the other does come into full possession and control of it. State v. Elmore, 195 Mo. App. 20. By delivery the donor parts with his title and possession to the subject of the donation and the donee acquires the right and possession thereto to the exclusion of all others. 18 C. J. 477…

1Opinion of the CourtReynolds, P. J.

This proceeding was commenced before a police judge of the City of Mexico, by the City Attorney filing a complaint in two counts against the defendant. In the first count it is averred, in substance, that the City of Mexico, on December 4, 1913, was a city of the fourth class, and on that day the Act of the General Assembly of this. State, commonly known as the “Local Option Law,” was adopted and became in force as a law of the State in that city. It is charged that on or about January 22, 1917, defendant, within the limits of that city, did then and there wilfully and unlawfully deliver to…

2Cases cited4 opinions

State v. WashingtonSupreme Court of Missouri · 1912
State v. PierceSupreme Court of Missouri · 1896
State v. FulksSupreme Court of Missouri · 1907
State v. ParkelMissouri Court of Appeals · 1914

3Cited by3 opinions

State v. LoweryMissouri Court of Appeals · 1978
State v. CitiusSupreme Court of Missouri · 1932
State v. Frazier.Missouri Court of Appeals · 1925