State v. Webb
Missouri Court of Appeals
Appeal from the Gass Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The election was void because the city of Pleasant Hill was not permitted to vote on the question. “That one entitled to-vote shall not be deprived of the privilege by the action of the authorities, is a fundamental principle.”
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Appeal from the Gass Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) The election was void because the city of Pleasant Hill was not permitted to vote on the question. “That one entitled to-vote shall not be deprived of the privilege by the action of the authorities, is a fundamental principle.” Cooley’s Constitutional Limitations [4 Ed.] sec. 616, p. 766; People v. Myncvrd, 15 Mich. 47; Lmring v. Carpenter, 20 N. Y. 477. Where the order for an election and the notice given under it leaves out any precinct in the county which is entitled to vote on the proposition involved, the entire…
1Opinion of the CourtGtill, J.
Defendant Webb was indicted, tried and found guilty of selling intoxicating liquor in Cass county outside the corporate limits of Pleasant Hill, in violation of the provisions of the local-option law, alleged to have been adopted in said county outside the limits'of any city having a population of twenty-five hundred, and has appealed to this court. The question for our determination is: “Has the local-option law been legally adopted in Cass county?”
I. Several objections are urged against the validity of the proceedings, two of which, at least, we consider well taken. Section 4598, Revised…
2Cases cited3 opinions
- State ex rel. White v. RuarkMissouri Court of Appeals · 1889
- Ex parte SublettCourt of Appeals of Texas · 1887
- Mastin v. TillestonMissouri Court of Appeals · 1889
3Cited by5 opinions
- State ex rel. Wagner v. PattersonSupreme Court of Missouri · 1907
- State Ex Rel. Sisson v. FelkerMissouri Court of Appeals · 1960
- Corey v. HardisonSupreme Court of North Carolina · 1952
- State v. KelloggMissouri Court of Appeals · 1908
- State v. MorganMissouri Court of Appeals · 1910