Legal Opinion

State v. Morrow

Supreme Court of Missouri

Decided March 15, 1857PublishedCited by 7 opinions

Appeal from St. Louis Criminal Court. David I. Morrow was indicted at the May term, 1855, of the St. Louis Criminal Court, under the “ act for the entire abolition of lotteries” (R. C. 1845, p. 723), for unlawfully selling, and unlawfully causing to be sold, lottery tickets. Upon the plea of not guilty the jury found a special verdict, which is as follows: “ The State v. D. I. Morrow.

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Appeal from St. Louis Criminal Court. David I. Morrow was indicted at the May term, 1855, of the St. Louis Criminal Court, under the “ act for the entire abolition of lotteries” (R. C. 1845, p. 723), for unlawfully selling, and unlawfully causing to be sold, lottery tickets. Upon the plea of not guilty the jury found a special verdict, which is as follows: “ The State v. D. I. Morrow. We, the jurors empannelled in this cause, do find, as to the issue joined, that in and by an act of the general assembly of the state of Missouri entitled ‘ an act to incorporate the town of New Franklin,’…

1Opinion of the CourtScott, Judge

The act, approved February 8th, 1839, entitled “ An act to amend ‘ An act to incorporate the town of New Franklin,’ approved January 16th, 1833,” only repeals so much of the seventh section of the amended act as provides that the board of trustees of New Franklin shall have power to raise by lottery a sum not exceeding fifteen thousand dollars for the construction of a railroad from the bank of the Missouri river to the town of New Franklin. (Sess. Acts, 1839, p. 311.) The repeal of one clause of a section specifically raises a clear implication that nothing else was intended. The act of 1839…

2Cases cited1 opinion

  1. State v. HawthornSupreme Court of Missouri · 1845

3Cited by7 opinions

  1. State v. MillerSupreme Court of Missouri · 1872
  2. State v. MooreSupreme Court of Missouri · 1900
  3. Wrightsman v. GideonSupreme Court of Missouri · 1922
  4. Canode v. SewellCourt of Appeals of Texas · 1914
  5. State ex rel. Attorney General v. MillerSupreme Court of Missouri · 1877

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