State v. Hall
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Eon. F. O. Johnston, Judge. . (1) An indictment is not good unless it charges in detail the facts necessary to put the local option law in force, or makes the general charge that such law “has been adopted and is in force within the county on the day on which the offense is charged.” State y. Searcy, 39 Mo. App. 407; State y. Prather, 41 Mo. App. 458; 'State y. Hutton, 39 Mo.
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Appeal from Newton Circuit Court. — Eon. F. O. Johnston, Judge. . (1) An indictment is not good unless it charges in detail the facts necessary to put the local option law in force, or makes the general charge that such law “has been adopted and is in force within the county on the day on which the offense is charged.” State y. Searcy, 39 Mo. App. 407; State y. Prather, 41 Mo. App. 458; 'State y. Hutton, 39 Mo. App. 415; Kelly’s Criminal Law, secs. 1084-5; Sherwood Criminal Law, pp. 836, 742; State v. Dugan, 110 Mo. 143. (2) It is one of the tests of the insufficiency of an indictment that…
1Opinion of the CourtNortoni, J.
Defendant was convicted in the circuit court of Newton county of the offense of selling intoxicating liquors in violation of the local option law. He appeals to this court, insisting the indictment against him is insufficient in that it fails to charge the local option law to have been in force in the county at the date he is alleged to have sold the liquor in violation thereof. Now under the established law in this State, the pleader may charge in the indictment; in detail,' all of those fqcts necessary to evince that the local option law had been adopted in a particular county on a…
2Cases cited9 opinions
- State v. SearcyMissouri Court of Appeals · 1890
- State v. BengschSupreme Court of Missouri · 1902
- State v. StoweSupreme Court of Missouri · 1896
- State v. DuganSupreme Court of Missouri · 1892
- State v. ForemanMissouri Court of Appeals · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. BarlettMissouri Court of Appeals · 1965
- State v. BakerSupreme Court of Missouri · 1915
- People v. MuellerCalifornia Supreme Court · 1914
- State v. SniderMissouri Court of Appeals · 1910
- State v. WainwrightMissouri Court of Appeals · 1911
6 more not listed; retrieve them via the Exa API.