State v. Back
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court . — Hon. II. C. . Riley, Judge. (1) Section 2748, Revised Statutes 1899, giving justices of the peace jurisdiction in misdemeanors, was passed in 1879, while section 3006 was passed in 1891. It radically changed the mode of procedure in cases arising under the act relating to dramshops, and will prevail over the former statute by necessary implication.
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Appeal from Pemiscot Circuit Court . — Hon. II. C. . Riley, Judge. (1) Section 2748, Revised Statutes 1899, giving justices of the peace jurisdiction in misdemeanors, was passed in 1879, while section 3006 was passed in 1891. It radically changed the mode of procedure in cases arising under the act relating to dramshops, and will prevail over the former statute by necessary implication. “An affirmative enactment of a new rule implies a negative of whatever is not included or is different; and if, by the language used, the thing is limited to be done in a particular form or manner, it includes…
1Opinion of the CourtReyburn, J.
Appellant was prosecuted upon an information by the prosecuting attorney of Pemiscot county, filed before a justice of the peace in Hayti township, Pemiscot county, charging him with unlawfully selling intoxicating liquors in less quantities than three gallons, to-wit, one gill of whiskey, on the 13th day of April, 1900, in the county of Pemiscot, without taking out or having a license as a dramshop-keeper, or any other legal authority to sell the same. At the setting of the case the justice of the peace certified the cause to the circuit court, holding that he had no jurisdiction as such…
2Cases cited8 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. DusenberrySupreme Court of Missouri · 1892
- State v. GriffinSupreme Court of Missouri · 1889
- State v. JaquesSupreme Court of Missouri · 1878
- State v. MartinMissouri Court of Appeals · 1891
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3Cited by2 opinions
- State v. HaneyMissouri Court of Appeals · 1910
- Whitson v. StateCourt of Criminal Appeals of Oklahoma · 1930