State v. Breckenridge
| Decision Date | 02 March 1926 |
| Citation | 282 S.W. 149,219 Mo.App. 587 |
| Parties | STATE OF MISSOURI, Respondent, v. JOE BRECKENRIDGE, Appellant. |
| Court | Missouri Court of Appeals |
Appeal from the Circuit Court of Audrain County.--Hon. Ernest S Gantt, Judge.
AFFIRMED.
Judgment affirmed.
A. C Whitson for appellant.
R. D Rodgers, Prosecuting Attorney, for respondent.
This is a prosecution for unlawfully transporting intoxicating liquor in violation of the provisions of section 6588, article 7, chapter 52, Revised Statutes 1919, as amended by the Legislature in 1921, and set forth in the Laws of 1921, at page 414. There was a conviction in the court below, and the defendant brings the case here by appeal.
The provisions of section 6588, as amended, so far as material here, are as follows:
"It shall be unlawful for any person, firm, association or corporation, his, its, or their agents or employees to manufacture, sell, possess, give away or transport intoxicating liquors within, import the same into, or export the same from the state of Missouri."
Section 19, page 242, of the Laws of 1923, provides as follows:
"The words 'transport' and 'transportation' as used in any part of this act, or in any part of article 7, chapter 52, Revised Statutes of Missouri, 1919, and all acts amendatory thereof, shall be held to mean and include every mode, method, or means of carrying, or conveying, intoxicating liquor from place to place in any container, or receptacle, of whatsoever kind or character, and by whatsoever means used, except carrying intoxicating liquor on person."
The defendant's counsel insists here that the State failed to show that the defendant transported intoxicating liquor otherwise than on the person, and that therefore the judgment of conviction should be reversed and the defendant discharged.
The testimony shows that the defendant on July 1, 1924, at Mexico, in Audrain County, gave Clarence Townley thirty-five dollars, and instructed him to go to St. Louis and buy alcohol with the money and bring it to Mexico; that Townley went to St. Louis and purchased with the money five gallons of alcohol in one-gallon tin containers; that he placed the alcohol in a suitcase and brought it to St. Charles on a street car; that at St. Charles he carried the liquor onto a Wabash passenger train and brought it to the eastern limits of Mexico, where he threw it off the train into the weeds on the railroad right of way about one o'clock at night that on arriving at the station in Mexico, Townley went to the defendant's room in the Lincoln Cafe somewhere south of the railroad tracks, and went to...
To continue reading
Request your trial
-
State ex rel. and to Use of Livingston County v. Hunt
... ... from other counties; ... "The office of a ... 'proviso' is to limit or restrict the general ... language preceding it, and not to enlarge the enacted ... clause." Brown v. Patterson, 224 Mo. 639 ... "As a rule, exceptions in statutes are strictly ... construed." State v. Breckenridge, 219 Mo.App ... 587. (4) All services rendered by a circuit clerk to a ... drainage district in the filing of tax suits, issuing summons ... therein, filing other pleadings, etc., are official duties of ... that office, and all fees taxed and collected therein must be ... reported and all ... ...
-
Jordan v. Parsons
... ... 1023; Baker v. Squire, 143 Mo ... 92, l. c. 98, 44 S.W. 792; Vossen v. Dantel, 116 Mo ... 379; Heitz v. St. Louis, 110 Mo. 618; State, ex rel ... Halworth, 124 S.W.2d 653; Birkey v. Burguard, 146 ... S.W.2d 65; Gilliland v. Rutt, 63 S.W.2d 199; ... State ex rel. Eddis v. Shain, ... c. 628; ... St. Louis Public Schools v. Risley's Heirs, 40 ... Mo. 356, l. c. 371; State v. Kurtz, 294 S.W. 117; ... State v. Breckenridge, 282 S.W. 149, 219 Mo.App ... 587. (a) If the roadway was established, it was lost by ... abandonment. State v. Bishop, 22 Mo.App. 435, l. c ... ...
-
State v. Modica, 5889
...physical connection with or attaching to the person. Schraeder v. State, 28 Ohio App. 248, 162 N.E. 647 (1928); State v. Breckenridge, 219 Mo.App. 587, 282 S.W. 149 (1926). Black's Law Dictionary (4th ed. 1976) defines the phrase "on the person" to mean "(i)n common parlance, . . . that (th......
-
Util. Serv. Co. Inc. v. the Dep't of Labor
...the statute. See id. Accordingly, exceptions or exclusions to a remedial law are narrowly construed. Cf. id.; State v. Breckenridge, 219 Mo.App. 587, 282 S.W. 149, 150 (1926) (“As a rule, exceptions in statutes are strictly construed.”).“Construction” & “Maintenance Work” Under The Prevaili......