State v. Hutton
Missouri Court of Appeals
Appeal from the Scott Circuit Court. — Host. H. C. O’Bryan, Judge. (1) The defendant was indicted and convicted for a violation of the local option law. The indictment does not allege that the notice of the election was published for “four consecutive weeks” or twenty-eight days, the last insertion being “within ten days next before such election.” (2) The evidence develops the fact that the appellant sold as a merchant.
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Appeal from the Scott Circuit Court. — Host. H. C. O’Bryan, Judge. (1) The defendant was indicted and convicted for a violation of the local option law. The indictment does not allege that the notice of the election was published for “four consecutive weeks” or twenty-eight days, the last insertion being “within ten days next before such election.” (2) The evidence develops the fact that the appellant sold as a merchant. If there was any violation at all, it was punishable under the merchant’s act. See Acts, 1887, p. 217. The minimum punishment under this law is a fine of one hundred dollars.…
1Opinion of the CourtThompson, J.
This was a prosecution under the statute known as the local option law. The indictment charges “ that, at a term of the county court of Scott county aforesaid, held at the court house in the town of Benton, in said county, commencing on the seventh day of November, 1887, there was presented to the county court of said county a petition signed by more than one-tenth of the qualified voters of said county, and the said petition asked and prayed the said county court to order a special election in, and for, said county, and submit to the qualified voters voting thereat to determine whether or…
2Cases cited5 opinions
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- State ex rel. Wear v. FrancisSupreme Court of Missouri · 1888
- State ex rel. Weber v. TuckerMissouri Court of Appeals · 1888
- In re WooldridgeMissouri Court of Appeals · 1888
- State ex rel. Attorney General v. DolanSupreme Court of Missouri · 1887
3Cited by10 opinions
- Seven Networks, LLC v. Google LLCDistrict Court, E.D. Texas · 2018
- State v. DuganSupreme Court of Missouri · 1892
- State v. OliphantMissouri Court of Appeals · 1908
- State v. HallMissouri Court of Appeals · 1908
- State v. MunchMissouri Court of Appeals · 1894
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