State v. Harp
Supreme Court of Missouri
Appeal from Stone Circuit Court. — Eon. John T. Moore, Judge. The Local Option Law is unconstitutional; it is not general, but local, both as to the rules of its adoption and in its effects on the general public. The proof offered by the State shows conclusively that the result of the election was never published as provided by statute.
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Appeal from Stone Circuit Court. — Eon. John T. Moore, Judge. The Local Option Law is unconstitutional; it is not general, but local, both as to the rules of its adoption and in its effects on the general public. The proof offered by the State shows conclusively that the result of the election was never published as provided by statute. The notice was published twice in September and twice in November, and was never published for four consecutive weeks, as required in section 3031,. Revised Statutes 1899. Under this statute local option did not take effect until the fourth publication of a…
1Opinion of the Court
GANTT, J. —
On September 10, 1906, the prosecuting attorney of Stone county filed an information, duly verified, against the defendants, charging that in September, 1906, at said county, they unlawfully sold and disposed of intoxicating and fermented liquors in violation of the Act of the General Assembly of Missouri, approved on the 5th day of April, 1887,. commonly known as the “Local Option Law,” being articlé 3 of chapter 22 of the Revised Statutes of 1899 of said State, which had been adopted and was in-force within the county of Stone.
In due time the defendants were duly arraigned *257and…
2Cases cited1 opinion
- Grandy v. CaseySupreme Court of Missouri · 1887
3Cited by4 opinions
- Ex parte ModeCourt of Criminal Appeals of Texas · 1915
- Ex Parte ModeCourt of Criminal Appeals of Texas · 1915
- State v. ChristopherMissouri Court of Appeals · 1908
- State v. ZehnderMissouri Court of Appeals · 1914