State v. Wainwright
| Decision Date | 03 April 1911 |
| Citation | 136 S.W. 30,154 Mo. App. 653 |
| Parties | STATE v. WAINWRIGHT. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Shannon County; W. N. Evans, Judge.
John Wainwright was convicted of violating the local option law, and appeals. Affirmed.
Orchard & Cunningham, for appellant.
The defendant was convicted in the circuit court of Shannon county of the offense of selling whisky in violation of the local option law. The cause is in this court on his appeal, and he now insists that the information is insufficient, in that it fails to charge that the local option law was in force in Shannon county at the date of his alleged offense. The information charges: "That on the 19th day of July, 1906, at the said county of Shannon, state of Missouri, 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 of chapter 22, Revised Statutes of 1899 of the state of Missouri, had been adopted and was and is in force as the law of the state, within the county of Shannon, there being no city in said county having a population of twenty-five hundred inhabitants or more, and that on or about the 27th day of August, 1910, in said county of Shannon, one John Wainwright did then and there, unlawfully, directly and indirectly, sell, give away, barter and otherwise dispose of certain intoxicating liquor, without any legal authority so to do." The information was filed on the 29th day of August, 1910. The rule established in this state is that an information charging a violation of the...
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State v. Jump
... ... definite as to leave nothing to intendment or implication ... [State v. Hall, 130 Mo.App. 170, 174, 108 S.W. 1077, ... and cases cited; State v. Searcy, 39 Mo.App. 393; ... State v. Snider, 151 Mo.App. 699, 702, 132 S.W. 299; ... State v. Wainwright, 154 Mo.App. 653, 655, 136 S.W ... 30; State v. Campbell, 137 Mo.App. 105, 108, 119 ... S.W. 494.] ... The ... above information is almost meaningless as to this averment ... without striking out the words [176 Mo.App. 297] printed in ... italics. It starts out by charging ... ...
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State v. Jump
...W. 1077, and cases cited; State v. Searcy, 39 Mo. App. 393; State v. Snider, 151 Mo. App. 699, 702, 132 S. W. 299; State v. Wainwright, 154 Mo. App. 653, 655, 136 S. W. 30; State v. Campbell, 137 Mo. App. 105, 108, 119 S. W. The above information is almost meaningless as to this averment wi......
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State v. Zehnder
... ... l. c. 172; State v. Campbell, ... 137 Mo.App. l. c. 108; State v. Wright, 161 Mo.App ... l. c. 600-601; State v. Gemy, 39 Mo.App. l. c. 399; ... State v. Hutton, 39 Mo.App. l. c. 416; State v ... Prather, 41 Mo.App. l. c. 458; State v. Dougan, ... 110 Mo. l. c. 143; State v. Wainwright, 154 Mo.App ... 654. (3) A fraternal corporation can in good faith dispense ... liquors to its members without violating any law in Missouri, ... prohibiting the sale of intoxicating liquors, including the ... Local Option Law, unless it can be shown that the society or ... corporation is a ... ...
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State v. Zehnder
..."It is only the substantive facts (those facts necessary to be proved) which need be alleged." Neither the case of State v. Wainwright, 154 Mo. App. 653, 136 S. W. 30, nor the case of State v. Dugan, 110 Mo. 138, 19 S. W. 195, cited by the appellants, announce a doctrine contrary to that an......