State v. Willard
Missouri Court of Appeals
Appeal from the Carroll Circuit Court —Hon. J. M. Davis, Judge. (1) The only question to be determined in this case is one of jurisdiction.
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Appeal from the Carroll Circuit Court —Hon. J. M. Davis, Judge. (1) The only question to be determined in this case is one of jurisdiction. If the town of Carrollton, under its special charter (which is declared to be a public act, see Session Acts, 1871, page 148), had the sole and exclusive power over dramshops and tippling-houses, then it will be, we think, conceded that the grand jury had no authority to return this indictment, and the plea in abatement filed herein should have been sustained. (2) In fact it is difficult to conceive of any authority remaining in the legislature, except…
1Opinion of the CourtGill, J.
The defendant, a licensed merchant, d.oing business at Carrollton, 'Missouri, was indicted, tried and found guilty, in the circuit court of Carroll county, of failing to file an affidavit with the county clerk that he would not adulterate the liquors to be *254sold by him, and of failing to give bond for the payment of all costs arising from prosecutions for violations of the law providing for such affidavit, etc., contrary to the requirements of sections 1601 and 1605, Revised Statutes, 1879.
The defense interposed by the defendant is to the effect, that as a merchant selling liquors at…
2Cases cited7 opinions
- Smith v. County of ClarkSupreme Court of Missouri · 1873
- State v. DeBarSupreme Court of Missouri · 1874
- State ex rel. Vastine v. McDonaldSupreme Court of Missouri · 1866
- City of St. Louis v. Independent InsuranceSupreme Court of Missouri · 1870
- State v. GordonSupreme Court of Missouri · 1875
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3Cited by2 opinions
- State v. KesselsMissouri Court of Appeals · 1906
- Kerney v. Barber Asphalt Paving Co.Missouri Court of Appeals · 1901