Legal Opinion

State v. Evans

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 27 opinions

Appeal from Cass Circuit Court. — Hon. Noah M. Givan, Judge. The order and judgment of the county court, finding that defendant had complied with the law as to obtaining the necessary signers to his petition and granting him a license, was not collaterally assailable, and defendant could not be convicted while acting under such order.

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Appeal from Cass Circuit Court. — Hon. Noah M. Givan, Judge. The order and judgment of the county court, finding that defendant had complied with the law as to obtaining the necessary signers to his petition and granting him a license, was not collaterally assailable, and defendant could not be convicted while acting under such order. Milon v. Pemberton, 12 Mo. 598 ; Maupin v. Franklin Co., 67 Mo. 327; Fithian v. Monks, 43 Mo. 502, 511; Montgomery v. Farley & Co., 5 Mo. 233 ; Fulkerson v. Davenport, 70 Mo. 541; Raley v. Guinn, 16 C. L. J, 92; Scott v. Crews, 72 Mo. 263 ; Gray v. Bowles, 74…

1Opinion of the Court

Martin, C.

The defendant was indicted for the of-fence of selling intoxicating liquor without a license. At the trial he admitted that he had sold the liquor mentioned in the indictment, and in the quantity therein set' forth, which did not exceed a pint of each kind of liquor charged to have been sold. Here the state rested.

The defendant then read in evidence a license to him as a dramshop keeper, which covered the time of the admitted sales. It was properly authenticated, under the seal of the clerk of the county court, and after reciting the fact that defendant filed an application to keep…

2Cases cited7 opinions

  1. Johnson v. BeazleySupreme Court of Missouri · 1877
  2. State v. KilgoreSupreme Court of Missouri · 1879
  3. Henry v. McKerlieSupreme Court of Missouri · 1883
  4. Gray v. BowlesSupreme Court of Missouri · 1881
  5. State ex rel. Read v. WeatherbySupreme Court of Missouri · 1869

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3Cited by27 opinions

  1. State v. SearcyMissouri Court of Appeals · 1890
  2. Union Depot Co. v. FrederickSupreme Court of Missouri · 1893
  3. Leonard v. SparksSupreme Court of Missouri · 1893
  4. State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
  5. State ex rel. Reider v. Moniteau County CourtMissouri Court of Appeals · 1891

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