Legal Opinion

State v. DeBar

Supreme Court of Missouri

Decided October 15, 1874PublishedCited by 26 opinions

Appeal from St. Louis Court of Criminal Correction. I. When a law repealing a former clause or provision shall be. itself repealed, it shall not be construed to revive such former law, clause or provision, unless it be so expressly provided. (Wagn. Stat., 894, § 3.) II. The charter of the city of St. Louis of 1870 was a law repealing a general law of the State (concerning bawdy houses, and under which defendant was prosecuted below) within the city of St. Louis.

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Appeal from St. Louis Court of Criminal Correction. I. When a law repealing a former clause or provision shall be. itself repealed, it shall not be construed to revive such former law, clause or provision, unless it be so expressly provided. (Wagn. Stat., 894, § 3.) II. The charter of the city of St. Louis of 1870 was a law repealing a general law of the State (concerning bawdy houses, and under which defendant was prosecuted below) within the city of St. Louis. (State vs. Clark, 54 Mo., 33.) And said charter of 1870 was itself repealed in 1874, without, however, expressly reviving the…

1Opinion of the CourtLewis, Judge

The defendant was prosecuted by information and convicted under the general statute, which prohibits the keeping of bawdy houses. (Wagn. Stat., 502, § 19.) Her appeal to this court is based upon an assumption that the statute is not operative within the limits of the city of St. Louis.

The aet amending the city charter, approved March 4, 1870, authorized the passage of ordinances, not inconsistent with any law of the State, for a great variety of purposes, and *397among them “ to regulate or suppress bawdy or disorderly houses, houses of ill-fame or of assignation.” The amendment enacted March 30,…

2Cases cited3 opinions

  1. City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
  2. State v. ClarkeSupreme Court of Missouri · 1873
  3. Baldwin v. GreenSupreme Court of Missouri · 1847

3Cited by26 opinions

  1. State v. WilliamsSupreme Court of Missouri · 1901
  2. State ex rel. Wear v. FrancisSupreme Court of Missouri · 1888
  3. Lutz v. City of CrawfordsvilleIndiana Supreme Court · 1887
  4. Rogers v. PeopleSupreme Court of Colorado · 1886
  5. Williams v. Kansas City, Mo.District Court, W.D. Missouri · 1952

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