State v. Dobbins
Missouri Court of Appeals
Appeal from Mercer Circuit Court. — Now. Paris O. Stepp, Judge. (1) Appellant contends that the election to have been valid must have been held within ten days of the last insertion of the four consecutive week’s notice. That the time for holding the election is mandatory. McCrary on Elections (2 Ed.), 125; White v. Ruark, 34 Mo. App. 325; State v. Samuel Webb, 49 Mo. App. 407; 4 S. W. 494; Bean v. Barton Co., 33 Mo.
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Appeal from Mercer Circuit Court. — Now. Paris O. Stepp, Judge. (1) Appellant contends that the election to have been valid must have been held within ten days of the last insertion of the four consecutive week’s notice. That the time for holding the election is mandatory. McCrary on Elections (2 Ed.), 125; White v. Ruark, 34 Mo. App. 325; State v. Samuel Webb, 49 Mo. App. 407; 4 S. W. 494; Bean v. Barton Co., 33 Mo. App. 635. (2) Criminal statutes must be interpreted literally when the language is plain and free from ambiguity. Black on Interpretation, pp. 35, 36, 286, 294. Four weeks means…
1Opinion of the CourtEllison, J.
The defendant was tried and convicted in the circuit court of Mercer county for selling intoxicating liquors in less quantity than four gallons. He has prosecuted his appeal to this court.
The particular law, he was accused of violating, was what is known as the local option law, which, according to the allegation in the information, had been duly *31adopted in Mercer county. Defendant insists that the election was void in that legal notice was not given for holding the special election, at which that law was supposed to have been adopted, and that is the sole question for decision. The local…
2Cases cited10 opinions
- State ex rel. Weber v. TuckerMissouri Court of Appeals · 1888
- Cruzen v. StephensSupreme Court of Missouri · 1894
- Bean v. County CourtMissouri Court of Appeals · 1889
- Russell v. CroySupreme Court of Missouri · 1901
- Young v. DowneySupreme Court of Missouri · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. BrownMissouri Court of Appeals · 1908
- State ex rel. Doran v. County CourtMissouri Court of Appeals · 1909
- City of Brunswick Ex Rel. Barkwell v. BenekeSupreme Court of Missouri · 1921
- City Trust Co. v. CrockettSupreme Court of Missouri · 1925
- State v. CampbellMissouri Court of Appeals · 1909
3 more not listed; retrieve them via the Exa API.