Legal Opinion

State v. Dinnisse

Supreme Court of Missouri

Decided October 15, 1891PublishedCited by 12 opinions

Appeal from St. Louis Court of Criminal Correction. (1) The information states a sufficient case under the statute. The words of the statute are broad enough to cover the bitters of the Harter Company. Wild cherry bitters are not only stated in the information to be a beverage, but certainly must be classed as such under any conceivable definition of the term. They come not only within the letter of the act, but within its spirit and are entitled to its protection.

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Appeal from St. Louis Court of Criminal Correction. (1) The information states a sufficient case under the statute. The words of the statute are broad enough to cover the bitters of the Harter Company. Wild cherry bitters are not only stated in the information to be a beverage, but certainly must be classed as such under any conceivable definition of the term. They come not only within the letter of the act, but within its spirit and are entitled to its protection. (2) The point that the act is unconstitutional because it embraces more than one subject in the title is not well taken. City v.…

1Opinion of the CourtMacfarlane, J.

The court of criminal correction of the city of St. Louis sustained a demurrer to the information for a misdemeanor under which defendant was prosecuted, and the state appealed to the St. Louis, court of appeals. Upon objection, by the defendant, that a constitutional question was involved, the case-was transferred to this court.

The prosecution was for violation of an act of the legislature passed and approved in 1885. The title to-the act is as follows: “An act to protect the property of manufacturers, bottlers and dealers in mineral waters, soda water, and other beverages from the loss of…

2Cases cited3 opinions

  1. State v. BryantSupreme Court of Missouri · 1886
  2. State v. BrassfieldSupreme Court of Missouri · 1883
  3. State v. GilmoreSupreme Court of Missouri · 1889

3Cited by12 opinions

  1. National Bank of Commerce v. RipleySupreme Court of Missouri · 1901
  2. Ex Parte RoquemoreCourt of Criminal Appeals of Texas · 1910
  3. Ex Parte MuckenfussCourt of Criminal Appeals of Texas · 1908
  4. State ex rel. School District v. HarterSupreme Court of Missouri · 1905
  5. State v. BaskowitzSupreme Court of Missouri · 1913

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