State v. Cowan
| Decision Date | 18 January 1910 |
| Citation | 146 Mo. App. 656,124 S.W. 586 |
| Parties | STATE v. COWAN. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Wayne County; Jas. L. Fort, Judge.
J. D. Cowan was convicted of violating the local option law, and he appeals. Cause certified to the Supreme Court.
The defendant in this case was indicted in the circuit court of Wayne county; two indictments being returned against him, the first containing one count, the second containing two counts, each indictment charging the defendant with willfully and unlawfully selling intoxicating liquor to three different parties at different dates, in violation of the local option law, which it is charged in each indictment, and in each count, has been adopted in the county of Wayne prior to the commission of the alleged offenses. The indictments were consolidated. Defendant, when arraigned, interposed a motion to quash, claiming that the local option law was in violation of the Constitution of this state and of the Constitution of the United States in various particulars set out. This was overruled; exceptions being duly saved. Defendant thereupon entered a plea of not guilty, went to trial, was convicted on two counts, his fine assessed at $500 on each count, and judgment went against him for the fine assessed. Thereupon he filed his motion for new trial, which, among other grounds, was founded on the alleged error of the court in overruling his motion to quash the indictment. This was overruled and exceptions duly saved. Motion in arrest of judgment was filed in due time, based upon the allegation that the indictment is insufficient in law, in that it does not charge any offense against the defendant "for the reasons set out in defendant's motion to quash heretofore filed herein." This was overruled, exception duly saved, and the case appealed to this court.
Abbington & Phillips, for appellant. J. F. Meador and O. L. Munger, for the State.
REYNOLDS, P. J. (after stating the facts as above).
A full transcript of the record has been duly filed in this court, although no bond or order operating as a stay of proceedings appears in the record; leave, however, being given to file an appeal bond. There has been no compliance whatever with the rules of court or with the statute, so far as relates to filing abstracts or briefs; nor is there an assignment of or a joinder in error. This is a criminal case, and under section 2716, Rev. St. 1899 (Ann. St. 1906, p. 1595), neither an assignment of error or joinder in error is necessary, "but the court shall proceed...
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Applegate v. Travelers Insurance Company of Hartford Conn.
... ... Applegate, and ... that the defendant is a corporation created, organized and ... existing under and by virtue of the laws of the State of ... Connecticut, but engaged in the business of selling contracts ... in life insurance in the State of Missouri and having its ... office in ... of the Supreme Court on the question, that is Meng v ... Railroad, supra, this court, in the two cases of State v ... Cowan, transferred them to the Supreme Court, on the ground ... that they involved the construction of the Constitution of ... this state and of that of ... ...
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Applegate v. Travelers' Ins. Co.
...the Constitution of this state and of that of the United States, as applied to the local option law of this state. See State v. Cowan, 146 Mo. App. 656, 124 S. W. 586; State v. Cowan, 146 Mo. App. 620, 621, 124 S. W. 587. The Supreme Court, however, has recently transferred each of these ca......
- State v. Cowan
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State v. Cowan
...option law, and the cause was therefore transferred by this court to the Supreme Court, as will appear by reference to State v. Cowan, 146 Mo. App. 656, 124 S. W. 586. Upon examining the record after the case was lodged there, the Supreme Court, by an order of record, though without the for......