State v. Baker
Missouri Court of Appeals
Appeal from the Ozark Circuit Court. — Hon. J. P. Halts, Judge. The court erred in overruling defendant’s first demurrer to the evidence, the state having failed to make out a case,' or establish by the records of the county court of said county, that the local ,option law-had been adopted in Ozark county. The court also erred in permitting the prosecuting attorney to re-open the case after resting or closing.
Read the full summary
Appeal from the Ozark Circuit Court. — Hon. J. P. Halts, Judge. The court erred in overruling defendant’s first demurrer to the evidence, the state having failed to make out a case,' or establish by the records of the county court of said county, that the local ,option law-had been adopted in Ozark county. The court also erred in permitting the prosecuting attorney to re-open the case after resting or closing. The court erred in permitting the state-to read the records of the county court in evidence, as the same do not sho w that a petition signed by one-tenth of the voters of said county,…
1Opinion of the CourtThompson, J.
The defendant was indicted in the circuit court of Ozark county for selling intoxicating liquor, to-wit: One half pint of alcohol, to be used as a beverage, in violation of the act of the legislature known as the local option law (A.cts of 1887, p. 179), which act, the indictment alleges, “was theretofore duly adopted in and for the said county, and was then and there in force in said county.”
*61At the trial the state gave evidence of a witness to the effect that the defendant kept a drugstore at Bakerville, in Ozark county, and that on the tenth of February, 1888, the witness bought from the…
2Cases cited6 opinions
- Peck v. ChouteauSupreme Court of Missouri · 1886
- Webb v. StateOhio Supreme Court · 1876
- Primm v. RaboteauSupreme Court of Missouri · 1874
- Shelton v. DurhamSupreme Court of Missouri · 1882
- Tierney v. SpivaSupreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. DuganSupreme Court of Missouri · 1892
- State v. SwearingenMissouri Court of Appeals · 1908
- City of Nevada ex rel. Gilfillan v. MorrisMissouri Court of Appeals · 1891
- State v. FleetwoodMissouri Court of Appeals · 1910
- State v. PhelanMissouri Court of Appeals · 1896