State v. Thomas
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction.— Hon. David .Murphy, Judge. (1) The “bookmaking and poolselling act” of March 12, 1895 (Laws of Mo. 1895, page 150), 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.
Read the full summary
Appeal from St. Louis Court of Criminal Correction.— Hon. David .Murphy, Judge. (1) The “bookmaking and poolselling act” of March 12, 1895 (Laws of Mo. 1895, page 150), 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. (2) Said act fractures the fourteenth amendment to the Constitution of the United States, in denying the defendant the equal protection of the law. (3) Defendant’s motion to quash information should have been sustained. The information fails…
1Opinion of the CourtSherwood, J.
This prosecution was instituted under the provisions of section 1 of an act in relation to bookmaking and poolselling. Laws of 1895, p. 150.
This section was set forth at large and fully discussed in State v. Walsh, heretofore decided, in which case it was ruled that the act in question was unconstitutional. We still adhere to that ruling. But since writing the opinion in the foregoing case, the thought has occurred to us whether the law of 1895 aforesaid, being unconstitutional, though it contains a repealing section, has really operated to repeal the act of 1891 in relation also to…
2Cases cited15 opinions
- Poindexter v. GreenhowSupreme Court of the United States · 1885
- Allen v. LouisianaSupreme Court of the United States · 1881
- State v. JulowSupreme Court of Missouri · 1895
- Tims v. StateSupreme Court of Alabama · 1855
- Campau v. City of DetroitMichigan Supreme Court · 1866
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State ex inf. Hadley v. WashburnSupreme Court of Missouri · 1902
- State ex rel. Wiles v. WilliamsSupreme Court of Missouri · 1910
- State v. WilliamsSupreme Court of Missouri · 1901
- Fairmont Wall Plaster Co. v. NuzumWest Virginia Supreme Court · 1920
- Carson v. BaldwinSupreme Court of Missouri · 1940
12 more not listed; retrieve them via the Exa API.