Legal Opinion

State v. Walsh

Supreme Court of Missouri

Decided December 15, 1896PublishedCited by 27 opinions

Appeal from St. Louis Court of Criminal Correction. Hon. David Murphy, Judge. (1) The “bookmaking and pool selling act” of March 12, 1895, upon which the information herein is bottomed, grants special privileges and immunities in violation of section 15, article 2, and section 53, article 4, of the constitution of Missouri.

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Appeal from St. Louis Court of Criminal Correction. Hon. David Murphy, Judge. (1) The “bookmaking and pool selling act” of March 12, 1895, upon which the information herein is bottomed, grants special privileges and immunities in violation of section 15, article 2, and section 53, article 4, of the constitution of Missouri. State v. Hayden, 31 Mo. 35; State v. Lemon, 46 Mo. 375; State v. Loomis, 115 Mo. 307; Swigart v. People, 50 111.- App. 185; Swigart v. People, 154 111. 284; Brennan v. Racing Ass’n, 63 N. Y. 188; Winchester v. Nutter, 52 N.--H. 507; Lynch v. Murphy, 119 Mo. 163. (2) It…

1Opinion of the CourtSherwood, J.

The defendant was prosecuted under the provisions of an act approved March 12, 1895, in relation to bookmaking and poolselling. Being tried, he was convicted and sentenced to pay a fine of $1,000, and to be imprisoned for six months in the city workhouse.

The act on which this information is bottomed, is the following:

“An act to prohibit bookmaking and poolselling at any place other than upon the premises of regular race courses, with emergency clause.
“Be it enacted by the Q-eneral Assembly of the State of Missouri, as follows:
“Section 1. That any person who keeps any .room, shed, tenement,…

2Cases cited4 opinions

  1. State v. JulowSupreme Court of Missouri · 1895
  2. State ex rel. Lionberger v. TolleSupreme Court of Missouri · 1880
  3. State ex rel. Harris v. HerrmannSupreme Court of Missouri · 1882
  4. State v. BurgdoerferSupreme Court of Missouri · 1891

3Cited by27 opinions

  1. State ex inf. Hadley v. WashburnSupreme Court of Missouri · 1902
  2. State v. WilliamsSupreme Court of Missouri · 1901
  3. State ex rel. Taylor v. HallNebraska Supreme Court · 1935
  4. State v. MiksicekSupreme Court of Missouri · 1910
  5. Levy v. Kansas CityCourt of Appeals for the Eighth Circuit · 1909

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