State v. Snider

• Decision Date: 05 December 1910
• Citation: 132 S.W. 299,151 Mo. App. 699
• Parties: STATE v. SNIDER
• Court: Missouri Court of Appeals

132 S.W. 299

151 Mo. App. 699

STATE v. SNIDER

Springfield Court of Appeals. Missouri.

December 5, 1910.

1. INTOXICATING LIQUORS (§ 205) — LOCAL OPTION LAW — VIOLATION — INFORMATION.

An information charging a violation of the local option law must allege either the facts showing that the local option law had been adopted on a particular day, or allege that the law was adopted on a particular day and was in force on the day on which the offense is charged to have been committed.

2. INTOXICATING LIQUORS (§ 205) — LOCAL OPTION LAW — VIOLATION — INFORMATION.

Where an information for violating the local option law alleged that on July 13, 1905, the law had been adopted and was and is in force as the law of the state within the county in question, and on August 5, 1909, in such county, defendant S. did then and there unlawfully sell

and dispose of intoxicating liquor, to wit, etc., was not fatally defective for failure to sufficiently aver that the law was in force on the day the offense was committed and the information filed.

3. WITNESSES (§ 337) — CREDIBILITY — REPUTATION OF ACCUSED.

Where accused was a witness in his own behalf, evidence of his general reputation in the neighborhood for morality and as a law-abiding citizen was admissible on behalf of the state.

4. CRIMINAL LAW (§ 829) — PRESUMPTION OF INNOCENCE — REASONABLE DOUBT — INSTRUCTIONS — REQUESTS.

The court, having fairly charged the law on reasonable doubt, did not err in refusing to give a requested charge on the presumption of innocence.

5. CRIMINAL LAW (§ 1037) — APPEAL — OBJECTIONS — QUESTIONS PRESENTED — REMARKS OF COUNSEL.

Alleged objectionable remarks of counsel to the jury will not be reviewed on appeal, where they were first objected to on motion for a new trial, and there is no proof in the record that the objectionable remarks were made.

Appeal from Circuit Court, Christian County; John T. Moore, Judge.

J. A. Snider was convicted of violating the local opinion law, and he appeals. Affirmed.

G. A. Watson, S. E. Bronson, and G. Purd Hays, for appellant. Fred. W. Barrett, for the State.

GRAY, J.

The defendant was convicted in the circuit court of Christian county of the offense of selling intoxicating liquors in violation of the local option law. He has appealed to this court, and insists that the information against him is insufficient in that it fails to charge that the local option law was in force in the county at the date he is alleged to have violated the law. The information charges: "That on the 13th day of July, 1905, at the county of Christian, the act of the Legislature of the state of Missouri, approved on the 5th day of April, 1887, commonly known as the local option law, being article 3, chapter 22, of the Revised Statutes of 1899, of said state, had been adopted and was and is in force as the law of the state, within the county of Christian, there being no city in Christian county having a population of 2,500 inhabitants or more, and that on or about the 5th day of August, 1909, in the said county of Christian in the state of Missouri, one J. A. Snider did then and there unlawfully sell, give away, barter, and dispose of intoxicating liquors, to wit, one-half pint of whisky, etc." The information was filed on the 9th day of August, 1909.

It has been ruled in this state that the information charging a violation of the local option law must allege either the facts showing the local option law had been adopted on a particular day, or allege that the law was adopted on a particular day and was in force on the...