State v. Patrick
Missouri Court of Appeals
Appeal from, the 'Howard Circuit Court. — Hon. Jno. A. Hockaday, Judge. (1) The local option law was not in force in the city of Fayette, or in Howard county, at the time of the trial and judgment. The general rule is, that where a penal law is broken, the offender can not be punished under it, if it expires, or is repealed,, before conviction, although the prosecution was begun while the act was in force.
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Appeal from, the 'Howard Circuit Court. — Hon. Jno. A. Hockaday, Judge. (1) The local option law was not in force in the city of Fayette, or in Howard county, at the time of the trial and judgment. The general rule is, that where a penal law is broken, the offender can not be punished under it, if it expires, or is repealed,, before conviction, although the prosecution was begun while the act was in force. Endlich on Interpretation of Statutes, sec. 478; The Irresistible, 7 Wheat. 551; United States v. Schooner Reform, 3 Wallace, 617; Black on Intoxicating Liquors, sec. 106. (2) The local…
1Opinion of the CourtSmith, P. J.
Defendant was indicted, tried, and convicted for a violation of the provisions of article 2, chapter 56, Revised Statutes.
It is admitted that the provisions of said statute were in force in the city of Fayette at the time of its violation by defendants and the finding of the indictment therefor. It is further admitted that at the time of the trial said statutory provisions were not in force in said city of Fayette, the same having been pre*657viously rejected by a vote of the qualified voters of that city, on the fifth day of July, 1895.
The propriety of the action of the court in refusing to give…
Also in this document: Concurrence.
2Cases cited2 opinions
- Grandy v. CaseySupreme Court of Missouri · 1887
- State v. BoogherSupreme Court of Missouri · 1880
3Cited by3 opinions
- Mernaugh v. City of OrlandoSupreme Court of Florida · 1899
- State v. SeiberlingMissouri Court of Appeals · 1910
- State v. WalkerSupreme Court of Missouri · 1909