Legal Opinion

State v. Muir

Missouri Court of Appeals

Decided January 2, 1901PublishedCited by 6 opinions

Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. Agreed Statement of Eaots. “The facts herein are agreed to be as follows, to-wit; Mexico is a city of the third class and is located in Audrain county, Missouri, and as such has authority under its charter to prohibit gambling within the corporate limits of the city, and in pursuance of said authority, an ordinance was duly enacted by said city prohibiting gambling and fixing as a punishment for the violation uf…

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Appeal from Audrain Circuit Court. — Hon. E. M. Hughes, Judge. Agreed Statement of Eaots. “The facts herein are agreed to be as follows, to-wit; Mexico is a city of the third class and is located in Audrain county, Missouri, and as such has authority under its charter to prohibit gambling within the corporate limits of the city, and in pursuance of said authority, an ordinance was duly enacted by said city prohibiting gambling and fixing as a punishment for the violation uf said ordinance a fine of not less than $5 nor more than $100 for each offense. It is further agreed that on the seventh…

1Opinion of the CourtBland, P. J.

The defendant filed a plea of his conviction in the municipal court in bar of the prosecution in the circuit court. On the agreed statement of facts the court found this plea insufficient, found the defendant guilty, and sentenced him to pay a fine. Erom this sentence he appealed.

The only error relied upon by appellant for a reversal of the judgment, is the finding by the court against the defendant on his plea in bar. In State v. Simonds, 3 Mo. 292, it was held that an individual who had been punished under the corporate authority of the city of St. Louis for keeping a roulette table, could…

2Cases cited8 opinions

  1. City of St. Louis v. WeitzelSupreme Court of Missouri · 1895
  2. State v. CowanSupreme Court of Missouri · 1860
  3. City of St. Louis v. CafferataSupreme Court of Missouri · 1856
  4. City of St. Louis v. KnoxSupreme Court of Missouri · 1881
  5. State v. GustinSupreme Court of Missouri · 1899

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. GarnerSupreme Court of Missouri · 1950
  2. City of Lebanon v. GordonMissouri Court of Appeals · 1903
  3. City of Springfield v. StarkeMissouri Court of Appeals · 1902
  4. City of St. Louis v. MuellerMissouri Court of Appeals · 1958
  5. City of Poplar Bluff v. HillMissouri Court of Appeals · 1902

1 more not listed; retrieve them via the Exa API.

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