State v. Kellogg
Missouri Court of Appeals
Appeal from Worth Circuit Court. — Hon. William C. Ellison, Judge. (1') It has been universally beld that tbis, and similar provisions in statutes relating to tbe adoption of local option laws, are mandatory and tbe election must be beld witbin forty days after tbe receipt of tbe petition, by tbe county court, and if not so beld, tbe election is void. State ex reí. v. Ruark, 34 Mr. App. 325; State v. Webb, 49 Mo. App. 407; Ex parte Sublett, 23 Tex. Civ.
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Appeal from Worth Circuit Court. — Hon. William C. Ellison, Judge. (1') It has been universally beld that tbis, and similar provisions in statutes relating to tbe adoption of local option laws, are mandatory and tbe election must be beld witbin forty days after tbe receipt of tbe petition, by tbe county court, and if not so beld, tbe election is void. State ex reí. v. Ruark, 34 Mr. App. 325; State v. Webb, 49 Mo. App. 407; Ex parte Sublett, 23 Tex. Civ. App. 309, 4 S. W. 894; Curry v. State, 28 Tex. App. 475, 13 S. W. 752; Black on Intox. Liq., sec. 96; 19 Am. and Eng. Ency. Law (2 Ed.), p.…
1Opinion of the CourtJohnson, J.
Defendant was indicted, tried and convicted on a charge of violating what is known as the Local Option Law, article III, chapter 22, Revised Statutes 1899, and brings the case here by appeal. For the purposes of the case, defendant admitted making the sale charged in the indictment and interposed as his sole defense the claim that the election in Worth county (where the sale was made) “to determine whether or not spirituous and intoxicating liquors, including wine and beer, shall be sold within the limits of such county” was not held in conformity with mandatory provisions of the statute.
The…
2Cases cited3 opinions
- State ex rel. White v. RuarkMissouri Court of Appeals · 1889
- State v. WebbMissouri Court of Appeals · 1892
- Ex parte BeatyCourt of Appeals of Texas · 1886
3Cited by6 opinions
- State ex rel. Mohr v. City of SeattleWashington Supreme Court · 1910
- Oldham v. McKayMissouri Court of Appeals · 1940
- State v. GatlinMissouri Court of Appeals · 1910
- Ex parte LeachMissouri Court of Appeals · 1910
- State v. MorganMissouri Court of Appeals · 1910
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