State v. Kimmel
Missouri Court of Appeals
Appeal from Dade Circuit Court.—Hon. B. G. Thurman^ Judge. (1) A general reputation cannot be shown by the-character of business engaged in or by reputation attaching generally to the business. State v. Duffy, 124 Mo. 1; State v. King, 78 Mo: 555. (2) Evidence assailing the character of a witness must be on lines of general reputation. State v. Grant, 79 Mo. 113; State v. Bradford, 79 Mo.
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Appeal from Dade Circuit Court.—Hon. B. G. Thurman^ Judge. (1) A general reputation cannot be shown by the-character of business engaged in or by reputation attaching generally to the business. State v. Duffy, 124 Mo. 1; State v. King, 78 Mo: 555. (2) Evidence assailing the character of a witness must be on lines of general reputation. State v. Grant, 79 Mo. 113; State v. Bradford, 79 Mo. App. 346. (3) The evidence fails to show the adoption of the so-called Local Option Law. Each provision of the law is jurisdictional. The law is not in force unless it affirmatively appear that each and all…
1Opinion of the CourtCox, J.
Defendant was convicted for a violation •of the Local Option Law and has appealed. The errors assigned relate to the admission and rejection of testimony, and the giving and refusing of instructions. The court instructed the jury that under the evidence the Local Option Law had been adopted in Dade county. This is assigned as error. The state offered in evidence the record of the county court, showing the result of the local option election, and the order of the court for *465the publication of the notice of the result of such elec tion. Under the repeated holdings in this state this made a prima…
2Cases cited12 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- Gallagher v. PeopleIllinois Supreme Court · 1904
- State v. SearcyMissouri Court of Appeals · 1890
- State v. MadisonSouth Dakota Supreme Court · 1909
- State v. OliphantMissouri Court of Appeals · 1908
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3Cited by4 opinions
- Maurizi v. Western Coal & Mining Co.Supreme Court of Missouri · 1928
- Parris v. CrutcherMissouri Court of Appeals · 1915
- State v. WilsonMissouri Court of Appeals · 1912
- State v. LongMissouri Court of Appeals · 1915