City of St. Louis v. Gerardi
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction. — Hon. E. A. Noonan, Judge. The state law governing dramshop licenses provides that “no dramshop keeper shall keep such shop at more than one place at the same time.” 2 R, S., sec. 5436. It also provides that “applications for license as a dram-shop keeper, * * * shall state specifically where the dramshop is to be kept.”
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Appeal from St. Louis Court of Criminal Correction. — Hon. E. A. Noonan, Judge. The state law governing dramshop licenses provides that “no dramshop keeper shall keep such shop at more than one place at the same time.” 2 R, S., sec. 5436. It also provides that “applications for license as a dram-shop keeper, * * * shall state specifically where the dramshop is to be kept.” Section 5438, of the General Statutes, as amended by section 1, of the act of March 24, 1883, Laws of 1883, p. 86. The above provisions of state law have been enacted as ordinance provisions in St. Louis. The question is…
1Opinion of the Court
Norton, C. J. —
This case is before us on plaintiff’s appeal from the judgment of the St. Louis court of criminal correction, discharging defendant from a prosecution instituted by the city against him for selling liquor in violation of an ordinance of said city. The cause was tlied on the following agreed statement of facts, viz:
The defendant was managing proprietor of the hotel known as the Planters House, situated in city block number 101, of the city of St. Louis, state of Missouri. Said .hotel covers and occupies the entire east half of •said city block, being bounded on the north by Pine…
2Cases cited2 opinions
- State v. HughesSupreme Court of Missouri · 1856
- State v. FredericksSupreme Court of Missouri · 1852
3Cited by3 opinions
- Malkan v. City of ChicagoIllinois Supreme Court · 1905
- Courtright v. Common CouncilMichigan Supreme Court · 1893
- City of Chicago v. MalkanAppellate Court of Illinois · 1905