State v. Burk
Missouri Court of Appeals
Appeal from Lawrence Circuit Court. — Eon. F. C. Johnston, Judge. (1) The verdict in this case is not based upon evidence. State v. Martin, 28. Mo. App. '530 ; Cape Girardeau v. Fisher, 61 Mo. App. 5091. (2) The state failed to prove that drinks sold by defendant was an intoxicating liquor.
Read the full summary
Appeal from Lawrence Circuit Court. — Eon. F. C. Johnston, Judge. (1) The verdict in this case is not based upon evidence. State v. Martin, 28. Mo. App. '530 ; Cape Girardeau v. Fisher, 61 Mo. App. 5091. (2) The state failed to prove that drinks sold by defendant was an intoxicating liquor. Hilz v. Eailroad, 101 Mo. 36- (3) The court having admitted improper, irrelevant and hearsay evidence calculated to greatly prejudice the minds of the jury against the defendant, committed further error by assuming that the beer in question was intoxicating in. instruction number one. 1 Words and Phrases,…
1Opinion of the CourtNixon, P. J.
This cause comes to this court upon an appeal by the defendant from a judgment of conviction in the circuit court of Lawrence county, for the unlawful sale of intoxicating liquors. On the 22d day of December, 19091, the prosecuting attorney of Lawrence county filed an information, duly verified, charging that on the 11th day of November, 1907, the Act of the Legislature of the State of Missouri, approved April 5, 1887, and known as the Local Option Law, was duly adopted within the corporate limits of the city of Aurora, in said county, and that while said law was in full force and effect in…
2Cases cited6 opinions
- State v. MartinSupreme Court of Missouri · 1910
- State v. KurtzMissouri Court of Appeals · 1895
- State v. HoutsMissouri Court of Appeals · 1889
- State v. EffingerMissouri Court of Appeals · 1891
- State v. BlandsMissouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Jacob Ruppert v. CaffeySupreme Court of the United States · 1920
- State v. Stewart.Missouri Court of Appeals · 1925