Legal Opinion · Dissent

State v. Hoffman

Missouri Court of Appeals

Decided June 13, 1892Published

Appeal from the Jasper Circuit Cotwt. — Hon. M. G-. McGteegoii, Judge.

1DissentEllison, J.

(dissenting). — I do not agree to the foregoing opinion, and the question is of such importance to the mercantile interests of the state that I will state the reason of my objection.

The opinion overlooks the important fact that the statute of this state itself defines who shall be considered a peddler. So that definitions of a peddler drawn from other sources are of no assistance in arriving at a correct conclusion as to the character of the act committed by this defendant. Our statute is as follows: “Sec. 7211. Certain persons declared to be peddlers. Whoever shall deal in selling of…

2Cases cited3 opinions

  1. Morrill v. StateWisconsin Supreme Court · 1875
  2. State v. EmertSupreme Court of Missouri · 1890
  3. State v. DowningMissouri Court of Appeals · 1886

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