Ex parte Handler
Supreme Court of Missouri
Habeas Corpus. (1) The Local Option Law is unconstitutional because it punishes a given act more severely than the same act is punished by the general law of the State.
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Habeas Corpus. (1) The Local Option Law is unconstitutional because it punishes a given act more severely than the same act is punished by the general law of the State. State v. Burchard, 144 Mo. 83. (2) It violates section 7 of article 9 of the Constitution by giving to cities of the fourth class having 2,500 inhabitants or more a power not possessed by cities of the fourth class having less than 2,500 inhabitants. ‘Owens v. Baer, 154 Mo. 438, opinion by Gantt, J., and Robinson and Valúant, JJ. (3) It submits to a vote of the people of a locality a law not authorized by the Constitution, but…
1Opinion of the CourtGantt, P. J.
The petitioner is confined in the jail of Atchison county, for failure to pay a fine of three hundred dollars assessed by a jury in the circuit court of Atchison county, Missouri, in the cause of the State of Missouri against said Bone Handler, for a violation of the Local Option Law of this State, by unlawfully and willfully selling and giving away intoxicating liquors in said county of Atchison on the 28th day of May, .1902, after the act of the General Assembly of this State approved April 5, 1887, and. known as the Local Option Law, had been adopted by said county and was in force.
Prom…
2Cases cited10 opinions
- Grandy v. CaseySupreme Court of Missouri · 1887
- Ex parte SwannSupreme Court of Missouri · 1888
- State v. WingfieldSupreme Court of Missouri · 1893
- State v. SearcySupreme Court of Missouri · 1892
- State v. MooreSupreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. WardSupreme Court of Missouri · 1931
- McPherson v. StateIndiana Supreme Court · 1909
- State v. FulksSupreme Court of Missouri · 1907
- State v. CampbellSupreme Court of Missouri · 1908
- State v. SheldonWyoming Supreme Court · 1923
8 more not listed; retrieve them via the Exa API.