Legal Opinion

City of Kansas v. Muhlback

Supreme Court of Missouri

Decided October 15, 1878PublishedCited by 5 opinions

Appeal from Jackson Criminal Court. — Hon. H. P. White, Judge. Prosecution for a violation of an ordinance of the City of Kansas entitled “ An ordinance to protect dramshop keepers,” approved July 17th, 1875, apd passed under authority of the act of 1875, page 206, section 17, giving-power to the city “ to restrain; 'regulate and prohibit the selling or giving away of any intoxicating or malt liquors by any persons within the city, other than those duly licensed ; to forbid…

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1Opinion of the CourtNorton, J.

— The record shows defendant was convicted before the city recorder of the plaintiff, for selling liquor without license, in violation of the ordinance of plaintiff, and that he appealed to the criminal court of Jackson county. On a trial before that court, without a jury, the court gave an instruction in the nature of a demurrer to the evidence, and discharged the defendant. The only question is, whether such a demurrer ought to have been sustained. Appellant claims that the court erred in giving the instruction. The court below held that a single act of sale under the ordinance was not…

2Cases cited3 opinions

State v. LipscombSupreme Court of Missouri · 1873
State v. AndrewsSupreme Court of Missouri · 1858
State v. SmallSupreme Court of Missouri · 1860

3Cited by5 opinions

City of St. Louis v. MarchelSupreme Court of Missouri · 1889
City of De Soto v. BrownMissouri Court of Appeals · 1891
Grant v. ReinhartMissouri Court of Appeals · 1888
City of Springfield v. FordMissouri Court of Appeals · 1890
State v. FinnMissouri Court of Appeals · 1889