State v. Jaeger
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Eon. Argus Cox, Judge.. (1) The evidence in this case clearly shows that the city of Granby had a population of over 2500 at the time of holding the local option election for Newton county,, and yet that city was included and voted on the question along with the county. This would render the election void. State v. Webb, 49' Mo. App. 407; State v. Mitchell, 115 S. W. 1098; State ex rel. v. Cass County, 137 Mo.
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Appeal from Newton Circuit Court. — Eon. Argus Cox, Judge.. (1) The evidence in this case clearly shows that the city of Granby had a population of over 2500 at the time of holding the local option election for Newton county,, and yet that city was included and voted on the question along with the county. This would render the election void. State v. Webb, 49' Mo. App. 407; State v. Mitchell, 115 S. W. 1098; State ex rel. v. Cass County, 137 Mo. App. 698. (2) The state did not prove the venue of the alleged sale. The evidence goes no further than to prove that the sale was within Newton…
1Concurrence
SEPARATE CONCURRING OPINION.
NIXON, P. J.
— Questions in addition to those passed upon by my Brother Mann in his opinion are, I think, presented by appellant and are properly within the record and for consideration. While I am entirely in accord with the conclusions reached in the opinion of the learned Special Judge, I find additional grounds for concurring in the result which he has reached, and which I deem it important to be stated in this case.
The defendant at the trial offered in evidence by way of his defense a census properly taken by the city of Granby in Newton county. The petition…
2Cases cited19 opinions
- State v. WearSupreme Court of Missouri · 1898
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- Benton v. . WickwireNew York Court of Appeals · 1873
- Hardin v. LeeSupreme Court of Missouri · 1873
- Chouteau v. GibsonSupreme Court of Missouri · 1882
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