State v. Prather
Missouri Court of Appeals
Appeal from the Linn Circuit Court. — Hon. GK D. Burgess, Judge. (1) The indictment should have been quashed. Sess. Acts, 1887, p. 179, et seq. First. The indictment should refer to the statute by its title and the date of its passage; and a failure to do so, or a misrecital of the title in a material part thereof, is good ground for motion to quash. Second. It is not alleged that due notice of the holding of the election, or of its result, was ever given. Whart. Crim.
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Appeal from the Linn Circuit Court. — Hon. GK D. Burgess, Judge. (1) The indictment should have been quashed. Sess. Acts, 1887, p. 179, et seq. First. The indictment should refer to the statute by its title and the date of its passage; and a failure to do so, or a misrecital of the title in a material part thereof, is good ground for motion to quash. Second. It is not alleged that due notice of the holding of the election, or of its result, was ever given. Whart. Crim. Law [7 Rev. Ed.] sec. 263; 1 Bish. Crim. Proc. [ Ed. 1866 ] sec. 257; People v. Jackson, 3 Denio, 101. Now, where time is…
1Opinion of the CourtGill, J.
Defendant Prather was convicted, at the last December term of the Linn circuit court, of selling intoxicating liquors within the limits of said county, outside of any city containing a population of twenty-five hundred, in the alleged violation of the local-option law, and was fined three hundred dollars.. From the judgment thereon said defendant appeals.
I. On an inspection of this record, it is clear that we must' reverse the judgment. In the first place, there is nothing in the record brought here to show that the alleged offense was committed within the limits of Linn county, where it is…
2Cases cited6 opinions
- State v. SearcyMissouri Court of Appeals · 1890
- State v. HaysSupreme Court of Missouri · 1883
- City of Hopkins v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
- Zeiler v. ChapmanSupreme Court of Missouri · 1874
- State v. ClevelandSupreme Court of Missouri · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. SearcySupreme Court of Missouri · 1892
- State v. SearcyMissouri Court of Appeals · 1891
- Kunkle v. ColemanIndiana Supreme Court · 1910
- State v. HallMissouri Court of Appeals · 1908
- State v. MackinMissouri Court of Appeals · 1892
6 more not listed; retrieve them via the Exa API.