State v. Lipscomb
Supreme Court of Missouri
Appeal from, the Weston Court of Common Pleas. I. The license being regular on its face, with the seal attached, the failure to give date of execution did not invalidate it. (State vs. Clark, 18 Mo., 432; State vs. Rogers, 37 Mo., 367; State vs. Mertens, 14 Mo., 94.) II. The Weston Court of Common Pleas had no jurisdiction of the offense by indictment.
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Appeal from, the Weston Court of Common Pleas. I. The license being regular on its face, with the seal attached, the failure to give date of execution did not invalidate it. (State vs. Clark, 18 Mo., 432; State vs. Rogers, 37 Mo., 367; State vs. Mertens, 14 Mo., 94.) II. The Weston Court of Common Pleas had no jurisdiction of the offense by indictment. (State vs. Dougher, 49 Mo., 409; State vs. Huffschmidt, 47 Mo., 73.) The city of Weston had exclusive jurisdiction of the offense as proven. (Sess. Act, 1851, p. 176, §§ 19, 23; Sess. Acts, 1868, p. 253; Baldwin vs. Green, 10 Mo., 410.) Section…
1Opinion of the CourtEwing, Judge
Lipscomb was indicted at the July term, 1871, of the Weston.Court of Common Pleas, for selling liquor without a license.
At the trial, the State having given evidence tending to sus" tain the charge in the indictment, defendant offered to read in evidence a license or a paper in the usual form of a license, purporting to be under the hand and seal of the clerk of the County Court, authorizing him to keep a dram-shop at his stand in the city of Weston, which was excluded by the court.. The certificates of license are without date and there was no offer by the defendant, to show when they were…
2Cases cited4 opinions
- Austin v. StateSupreme Court of Missouri · 1847
- State v. HuffschmidtSupreme Court of Missouri · 1870
- State v. HughesSupreme Court of Missouri · 1856
- State v. DougherSupreme Court of Missouri · 1872
3Cited by24 opinions
- State v. HathawaySupreme Court of Missouri · 1893
- Morris v. United StatesCourt of Appeals for the Eighth Circuit · 1908
- State v. MeekSupreme Court of Missouri · 1879
- State v. DeGroatSupreme Court of Missouri · 1914
- Stark v. United StatesCourt of Appeals for the Eighth Circuit · 1930
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