State v. Mackin
Missouri Court of Appeals
Appeal from the Ray Circuit Court. — Hon. James. M. Sandusky, Judge. (1) It is a well-settled principle of law in this state that courts cannot take judicial notice of a fact that a county has adopted by a majority of the votes of the citizens thereof any special law, and an indictment must contain allegations of every fact which is legally essential to the punishment to be inflicted. 76 Mo. 600 ; 79 Mo. 98; State v. Cleveland, 80 Mo. 108, 287; 81 Mo. 171: State v. Buster,…
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Appeal from the Ray Circuit Court. — Hon. James. M. Sandusky, Judge. (1) It is a well-settled principle of law in this state that courts cannot take judicial notice of a fact that a county has adopted by a majority of the votes of the citizens thereof any special law, and an indictment must contain allegations of every fact which is legally essential to the punishment to be inflicted. 76 Mo. 600 ; 79 Mo. 98; State v. Cleveland, 80 Mo. 108, 287; 81 Mo. 171: State v. Buster, 90 Mo. 514. It is a question of fact that requires proof in this cause as to when said alleged local-option law took…
1Opinion of the CourtGill, J.
At the last October term of the Ray circuit court the defendant, Mackin, was tried and found guilty of selling intoxicating liquors in said Ray *102county, contrary to the provisions of what is known as the “local-option” law, alleged to have been legally adopted at an election held in said county, August, 1887. The indictment charged the selling to have occurred in December, 1888, of which the jury found the defendant guilty, and assessed his punishment at three hundred dollars, and from the judgment thereon defendant has appealed to this court.
I. Of all the questions presented in this record,…
2Cases cited5 opinions
- State v. HaysSupreme Court of Missouri · 1883
- State ex rel. Metcalf v. GarescheSupreme Court of Missouri · 1877
- City of Hopkins v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1883
- Trueheart v. AddicksTexas Supreme Court · 1847
- State v. ClevelandSupreme Court of Missouri · 1883
3Cited by12 opinions
- Chapman v. StateCourt of Criminal Appeals of Texas · 1897
- State v. SearcySupreme Court of Missouri · 1892
- In re MooreWyoming Supreme Court · 1893
- State Ex Rel. Hand v. BilyeuMissouri Court of Appeals · 1961
- State v. SearcyMissouri Court of Appeals · 1891
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