State v. Martin
Supreme Court of Missouri
Appeal from DeKalb Circuit Court. — Hon. Alonzo D. Bu-rnes, Judge. (1) The second count of tbe indictment charges no offense under the laws of this State, because Sec. 3032, R. S. 1899:, is unconstitutional and void in this: It is in contravention of section 28 of article 4 of the Constitution, in that the bill enacting said section 3032 was leveled at intoxicating liquors, and not against a non-intoxicating beverage; therefore so much of said section as prohibits the sale…
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Appeal from DeKalb Circuit Court. — Hon. Alonzo D. Bu-rnes, Judge. (1) The second count of tbe indictment charges no offense under the laws of this State, because Sec. 3032, R. S. 1899:, is unconstitutional and void in this: It is in contravention of section 28 of article 4 of the Constitution, in that the bill enacting said section 3032 was leveled at intoxicating liquors, and not against a non-intoxicating beverage; therefore so much of said section as prohibits the sale of a nonintoxicating- beverage is void and of no force. State v. Fullrs, 207 Mo. 26; State v. Coffee Co., 171 Mo. 634;…
1Opinion of the CourtFox, J.
On October 20, 1908, tbe grand jury'of DeKalb county duly returned an indictment in two counts, charging appellant with a violation of tbe Local Option Law of this State. Tbe first count of said indictment charged that appellant ‘ ‘ did then and there unlawfully sell one quart of beer” on August 12, 1908, for tbe price and sum of twenty-five cents, contrary to tbe provisions of tbe statute in sucb cases made and provided, and against tbe peace and dignity of tbe State. Tbe second count of said indictment charged that appellant “did then and there sell a fermented, malt beverage containing…
2Cases cited5 opinions
- State v. NolandSupreme Court of Missouri · 1892
- State v. StewartSupreme Court of Missouri · 1886
- State v. SchmidtSupreme Court of Missouri · 1897
- State v. EarllSupreme Court of Missouri · 1910
- State v. SpurgeonMissouri Court of Appeals · 1903
3Cited by13 opinions
- State ex rel. McClintock v. GuinotteSupreme Court of Missouri · 1918
- State v. PiggSupreme Court of Missouri · 1925
- Tribble v. StateCourt of Appeals of Georgia · 1954
- State v. SargentMissouri Court of Appeals · 1953
- Skain v. WeldonSupreme Court of Missouri · 1967
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