State v. Bryant

Decision Date31 March 1851
Citation14 Mo. 340
PartiesSTATE OF MISSOURI v. WM. BRYANT.
CourtMissouri Supreme Court

APPEAL FROM MARION CIRCUIT COURT.

LACKLALD, for The State. The special plea filed by the defendant is insufficient in law, and the court, therefore, erred in overruling the demurrer thereto. State v. Hays 13 Mo. R. 246, and authorities therein cited.

BIRCH, J.

The facts and the pleadings in this case being substantially the same as those secondly passed upon in the case of The State v. Hays, 13 Mo. R. 276, and the opinion of the court as there rendered remaining unchanged, the judgment of the Circuit Court is of course reversed, and the cause remanded. (a)

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7 cases
  • Town of Kirkwood v. Autenreith
    • United States
    • Missouri Court of Appeals
    • March 7, 1882
    ...and one asked by defendant.-- Casey v. The State, 6 Mo. 646; Isbell v. The State, 13 Mo. 86; Hays v. The State, 13 Mo. 246; The State v. Bryant, 14 Mo. 340; Schmidt v. The State, 14 Mo. 137. The court erred in not granting a new trial as against the law and evidence, there being no conflict......
  • Mcbride v. State
    • United States
    • Florida Supreme Court
    • July 20, 1897
    ...5 So. 39; Com. v. Gannett, 1 Allen, 7; State v. Bugbee, 22 Vt. 32; Com. v. Hadley, 11 Metc. (Mass.) 66; Hays v. State, 13 Mo. 246; State v. Bryant, 14 Mo. 340; Roberts v. O'Connor, 33 Me. 496; 2 Bish. Proc. (3d Ed.) § 2. Divers instructions of law were requested by the defendant and refused......
  • The State v. Quinn
    • United States
    • Missouri Supreme Court
    • November 18, 1902
    ... ... Pfenninger, 76 Mo.App. 313. (2) The trial court properly ... refused the "collusion instruction" offered by ... defendant. 1 Bishop's New Crim. Law, pp. 401, 402; ... Isbell v. State, 13 Mo. 86; State v. Keith, ... 46 Mo.App. 525; Hays v. State, 13 Mo. 246; State ... v. Bryant, 14 Mo. 340. (3) A defendant on trial for ... selling liquors without a license, who fails to show that he ... has a license, is presumed to have none, and the burden of ... showing that he has such license rests upon him. State v ... Durken, 23 Mo.App. 387. It will be presumed by this ... ...
  • State v. Quinn
    • United States
    • Missouri Court of Appeals
    • April 15, 1902
    ...1 Bishop's New Criminal Law, pp. 401-2; Isbell v. State, 13 Mo. 86; State v. Keith, 46 Mo.App. 525; Hays v. State, 13 Mo. 246; State v. Bryant, 14 Mo. 340. (5) A defendant on trial for selling liquors without license, who fails to show that he has a license, is presumed to have none, and th......
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