Legal Opinion

State v. Handler

Supreme Court of Missouri

Decided November 17, 1903PublishedCited by 7 opinions

Appeal from Atchison Circuit Court. — Ho». Gallatin Craig, Judge. (1) The negative averment about a license or other authority to give away must be made, although proof thereof is matter of defense to be established by the defendant. Even under local option, one kind of license under certain circumstances is authority for giving away, and the negative averment must be made.

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Appeal from Atchison Circuit Court. — Ho». Gallatin Craig, Judge. (1) The negative averment about a license or other authority to give away must be made, although proof thereof is matter of defense to be established by the defendant. Even under local option, one kind of license under certain circumstances is authority for giving away, and the negative averment must be made. Kelley’s Criminal Law, sec. 913; 31 Mo. 197; 19 Mo. 380; Ex parte Swan, 96 Mo. 44; State v. Williams, 38 Mo. App. 37; State v. Kaufman, 45 Mo. App. 656; State v. Bevens, 52 Mo. 130. (2) The offense charged in the…

1Opinion of the CourtGantt, P. J.

This is a prosecution by information for selling" and giving away intoxicating liquors in Atchison county, after the local option law went into effect in said county, to-wit, May 10, 19Ó2.

I. The appeal is in this court because the defendant assailed the constitutionality of the local option law, approved April 5, 1887. ■ Contemporaneous with this appeal, the defendant sued out a writ of habeas corpus to test the constitutionality of the local option law. [Laws 1887, p. 179; secs. 3027 to 3035, R. S. 1899, inclusive.]

On the hearing of that application the constitutionality of said act was…

2Cases cited5 opinions

  1. Grandy v. CaseySupreme Court of Missouri · 1887
  2. State v. O'BrienSupreme Court of Missouri · 1881
  3. State v. ShiflettSupreme Court of Missouri · 1855
  4. Ex parte HandlerSupreme Court of Missouri · 1903
  5. State v. QuinnSupreme Court of Missouri · 1902

3Cited by7 opinions

  1. State v. FulksSupreme Court of Missouri · 1907
  2. State v. CampbellSupreme Court of Missouri · 1908
  3. Ex parte ModeCourt of Criminal Appeals of Texas · 1915
  4. State v. RoweSupreme Court of Missouri · 1930
  5. City of St. Louis v. TielkemeyerSupreme Court of Missouri · 1910

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