State v. Taylor
Missouri Court of Appeals
Appeal from Taney Circuit Court. — lion. Geo. W. Thomberry, Judge. (1) The true meaning and spirit of section 2334, Revised Statutes 1899, is to make it a crime for a public officer to be so intoxicated as to incapacitate him for the performance of his public duties, (a) By being so intoxicated while discharging or attempting to discharge his public duties; or (b) by becoming so intoxicated while in the discharge of his public duties.
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Appeal from Taney Circuit Court. — lion. Geo. W. Thomberry, Judge. (1) The true meaning and spirit of section 2334, Revised Statutes 1899, is to make it a crime for a public officer to be so intoxicated as to incapacitate him for the performance of his public duties, (a) By being so intoxicated while discharging or attempting to discharge his public duties; or (b) by becoming so intoxicated while in the discharge of his public duties. The gist of the offense is the incapacity to discharge his public duties. (2) The court had no authority to initiate a proceeding against the prosecuting…
1Opinion of the CourtBland, P. J.
— At the December, 1901, term of the Taney Circuit Court, and on the sixth day of December, there was filed in the court the following affidavit:
“John L. Morrow, first being duly sworn upon oatn says: That at the county of Taney and State of Missouri, on or about the twenty-seventh day of May, 1901, one George L. Taylor, being then and there duly elected and qualified prosecuting attorney within and for said Taney county, Missouri, and while in the exercise of his duties as such prosecuting attorney, did then and there become unlawfully intoxicated while in the performance of his official…
2Cases cited7 opinions
- State v. MoxleySupreme Court of Missouri · 1890
- State v. AdamsSupreme Court of Missouri · 1891
- State v. JohnsonSupreme Court of Missouri · 1887
- State v. MohrSupreme Court of Missouri · 1878
- State v. HaleyMissouri Court of Appeals · 1893
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3Cited by2 opinions
- State v. WhiteMissouri Court of Appeals · 1913
- Dixon v. DixonMissouri Court of Appeals · 1904