Legal Opinion

State v. Gillespie

Missouri Court of Appeals

Decided February 16, 1904PublishedCited by 2 opinions

Appeal from Greene Criminal Court. — Rom-. J. J. Gideon, Judge. State ex rel. v. Scott, 96 Mo. App. 620; State v. Ferguson, 152 Mo. 92; State v. Punshon, 133 Mo. 44; State v. Warford, 106 Mo. 55; State v. Riley, 4 Mo. App. 392.

1Opinion of the CourtBland, P. J.

Coleman C. Nee and Patrick H. Gillespie, Jr., were, at the July Term, 1902, of the Greene county criminal court, indicted by the *401grand jury for keeping open their dramshop, in the city' of Springfield, on the first day of the week, commonly called Sunday. Nee was acquitted but Gillespie was convicted; from his conviction he has appealed to this court. At the close of the State’s evidence he asked a peremptory instruction directing the jury to acquit him. The refusal of this instruction is assigned as error.

The evidence for both the State and the defendants shows that Nee and Gillespie kept a…

2Cited by2 opinions

  1. State v. GundersonNorth Dakota Supreme Court · 1913
  2. State v. MulloyMissouri Court of Appeals · 1905

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