State v. Harris

COIL, Commissioner.

A jury found Robert Harris, defendant below, guilty of possession of lottery tickets, a misdemeanor, and fixed his punishment at imprisonment in the city workhouse for a year and a $1,000 fine. He appealed from the ensuing judgment to the St. Louis Court of Appeals. That court, by an opinion reported at Mo.App., 313 S.W.2d 219, transferred the case here on the ground that defendant had properly raised and preserved a question involving the construction of the constitution within the meaning of Article 5, Section 3, Missouri Constitution 1945, V.A.M.S. We are of the opinion…