Legal Opinion

State v. Houts

Missouri Court of Appeals

Decided May 14, 1889PublishedCited by 10 opinions

Appeal from the Scott Circuit Court. — Host. H. C* O’Bryan, Judge. The indictment was insufficient to give the court jurisdiction. The act, known as the local option law, requires that the county court should give notice of the special election, by publication in some newspaper published in the county, for four consecutive weeks, the last insertion to be within ten days of the election.

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Appeal from the Scott Circuit Court. — Host. H. C* O’Bryan, Judge. The indictment was insufficient to give the court jurisdiction. The act, known as the local option law, requires that the county court should give notice of the special election, by publication in some newspaper published in the county, for four consecutive weeks, the last insertion to be within ten days of the election. Acts of 1887, p. 179, sec. 3. The indictment alleges that the notice was published once a week for four consecutive weeks, the last insertion having been published ten days next before the election. The…

1Opinion of the CourtBiggs, J.

The defendant was indicted, tried and convicted, for a'violation of what is known as the “local option law.” The indictment charged that on the eighteenth day of April, 1888, the “local option law” was in force in Scott county, and that the defendant on that day, in violation of said law, sold in Scott county one gallon of beer of the value of one and fifty-one hundredths dollars. The defendant was convicted and afine of three hundred dollars was assessed against him. He moved for new trial, and this motion having been overruled by the circuit court, he has brought the case to this court for…

2Cases cited5 opinions

  1. State v. LaddSupreme Court of Missouri · 1852
  2. State v. FanningSupreme Court of Missouri · 1866
  3. State v. MillerSupreme Court of Missouri · 1857
  4. State v. RogersSupreme Court of Missouri · 1867
  5. Yowell v. StateSupreme Court of Arkansas · 1883

3Cited by10 opinions

  1. Moreno v. StateCourt of Criminal Appeals of Texas · 1911
  2. Campbell Baking Co. v. City of Harrisonville, Mo.Court of Appeals for the Eighth Circuit · 1931
  3. State v. HaneyMissouri Court of Appeals · 1910
  4. State v. WattsMissouri Court of Appeals · 1903
  5. State v. MitchellMissouri Court of Appeals · 1908

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