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…
1Opinion of the Court
MANN, Special Judge.
— From a conviction for violation of the Local Option Law in the circuit court of Newton county defendant appeáled to the St. Louis Court of Appeals, and the opinion was there rendered affirming the judgment. A motion for rehearing was filed and sustained. While the cause was pending in the St. Louis Court of Appeals upon rehearing, this court was created, and the cause transferred to this jurisdiction. Cox, J., being disqualified to sit, E. P. Mann was elected to sit in the case as special judge.
Appellant’s first contention is that since he was charged in three counts of…
Also in this document: Concurrence.
2Cases cited2 opinions
- State ex rel. Wirt v. County CourtMissouri Court of Appeals · 1909
- State v. WeylandMissouri Court of Appeals · 1907
3Cited by2 opinions
- Freed v. FeeneySupreme Court of Missouri · 1964
- State ex rel. Swarthout v. County CourtMissouri Court of Appeals · 1912