Legal Opinion

State v. Foreman

Missouri Court of Appeals

Decided November 5, 1906PublishedCited by 11 opinions

Appeal from Harrison Circuit Court. — Eon. Paris O. Stepp, Judge. (a) The statute requires that a notice of the election shall he published in a specified manner before a legal election can be held. Sec. 3029. The entire record of the county court certified by the county clerk was offered in evidence by the defendant. It fails to show any publication of the notice, nor Avas there any other proof offered shOAving such notice.

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Appeal from Harrison Circuit Court. — Eon. Paris O. Stepp, Judge. (a) The statute requires that a notice of the election shall he published in a specified manner before a legal election can be held. Sec. 3029. The entire record of the county court certified by the county clerk was offered in evidence by the defendant. It fails to show any publication of the notice, nor Avas there any other proof offered shOAving such notice. In all of the cases heretofore passed upon by the appellate courts of this State, involving the question, there was full and ample proof aliunde of the publication of the…

1Opinion of the CourtEllison, J.

The defendant was indicted, tried and convicted for selling liquors in Harrison county contrary to the local option statute which is alleged to have been adopted in that county.

It is urged by the defense that the evidence shows that the local option law was not adopted. The State introduced portions of the record of the county court which showed a canvass of the votes cast in Harrison county at an election held submitting the local option law, and that a majority were cast in favor of adopting such law. The State further showed by such record that the county court ordered that notice of the…

2Cases cited6 opinions

  1. State v. SearcyMissouri Court of Appeals · 1890
  2. Morris v. . PatchinNew York Court of Appeals · 1862
  3. Murdock v. HillyerMissouri Court of Appeals · 1891
  4. State ex rel. Davis v. J. H. BaldwinMissouri Court of Appeals · 1904
  5. State ex rel. Bell v. BirdMissouri Court of Appeals · 1904

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

3Cited by11 opinions

  1. State v. OliphantMissouri Court of Appeals · 1908
  2. State v. DipleySupreme Court of Missouri · 1912
  3. State v. HallMissouri Court of Appeals · 1908
  4. State v. BushMissouri Court of Appeals · 1909
  5. State v. KennettMissouri Court of Appeals · 1910

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

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