Legal Opinion

State v. Binder

Supreme Court of Missouri

Decided October 15, 1866PublishedCited by 25 opinions

Appeal from, the St. Louis Criminal Court. The first section of “An act confirming certain powers to the citizens of St. Louis county,” approved March 4, 1857, (Laws of Mo. 1857, p. 673, provides that “the corporate authorities of the different cities in the county of St. Louis shall have power, whenever a majority of the legal voters of the respective cities in said county authorize them so to do, to grant permission for the opening of any establishment or establishments,…

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Appeal from, the St. Louis Criminal Court. The first section of “An act confirming certain powers to the citizens of St. Louis county,” approved March 4, 1857, (Laws of Mo. 1857, p. 673, provides that “the corporate authorities of the different cities in the county of St. Louis shall have power, whenever a majority of the legal voters of the respective cities in said county authorize them so to do, to grant permission for the opening of any establishment or establishments, within the corporate limits of said cities, for the sale of refreshments of any kind (distilled liquors excepted), on any…

1Opinion of the CourtHolmes, Judge

The defendant was convicted upon an indictment containing two counts, one for selling fermented and distilled liquors, and one for keeping open an ale and porter house, on Sunday, under the thirty-sixth section of the eighth article of the statute concerning Crimes and Punishments — R. C. 1856, p. 631.

It was proved for the State that the defendant kept his beer-house open on Sunday for the sale of beer only, and that beer was a fermented liquor, and was sold there on that day. No other evidence was offered on the part of the prosecution.

The defendant gave in evidence a city ordinance,…

2Cases cited2 opinions

  1. State ex rel. Bassett v. RenickSupreme Court of Missouri · 1866
  2. State v. WinkelmeierSupreme Court of Missouri · 1864

3Cited by25 opinions

  1. Douglass v. County of PikeSupreme Court of the United States · 1880
  2. State ex rel. Dome v. WilcoxSupreme Court of Missouri · 1870
  3. County-Seat of Linn CountySupreme Court of Kansas · 1875
  4. State ex rel. Wear v. FrancisSupreme Court of Missouri · 1888
  5. Hawkins v. Board of SupervisorsMississippi Supreme Court · 1874

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