State v. Wainwright
Missouri Court of Appeals
Appeal from Shannon Circuit Court.! — Hon. TP. N. ■ Evans, Judge. (1) The information charges that on the 19th day of July, 1906, the Act of the Legislature, etc., had been adopted, and was and is in force as the law of the state, but there is no allegation that the law was in force on the 27th day of August, 1910. These allegations are necessary under the following authorities. State v. Hall, 130 Mo.
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Appeal from Shannon Circuit Court.! — Hon. TP. N. ■ Evans, Judge. (1) The information charges that on the 19th day of July, 1906, the Act of the Legislature, etc., had been adopted, and was and is in force as the law of the state, but there is no allegation that the law was in force on the 27th day of August, 1910. These allegations are necessary under the following authorities. State v. Hall, 130 Mo. App. 170; State v. Polk, 127 S. W. 933. (2) The testimony is that defendant gave Boon Weston .whiskey and also sold him whisky. The question arises which did he do? And which act did the jury…
1Opinion of the CourtGray, J.
The defendant was convicted in the circuit court of Shannon county, of the offense of selling whiskey in violation of the Local Option Law. The cause is in this court on his appeal, and he now insists that the information is insufficient, in that it fails to charge that the Local Option Law was in force in Shannon county at the date of his alleged offense.
The information charges: “That on the 19th day of July, 1906, at the said county of Shannon, State of Missouri the Act of the Legislature of the State of Missouri, approved on the 5th day of April, 1887, commonly known as the Local Option…
2Cases cited3 opinions
- State v. HallMissouri Court of Appeals · 1908
- State v. SeiberlingMissouri Court of Appeals · 1910
- State v. SniderMissouri Court of Appeals · 1910
3Cited by4 opinions
- State v. WrightMissouri Court of Appeals · 1912
- Missouri v. JumpMissouri Court of Appeals · 1914
- State v. ZehnderMissouri Court of Appeals · 1914
- Missouri v. JumpMissouri Court of Appeals · 1914