State v. Walker
| Decision Date | 08 June 1909 |
| Citation | 120 S.W. 1198 |
| Parties | STATE v. WALKER. |
| Court | Missouri Supreme Court |
Appeal from Circuit Court, Howell County. J. L. Walker was convicted of unlawfully disposing of liquor to a minor, and appealed to the St. Louis Court of Appeals, which affirmed the conviction, and upon denying a rehearing certified the case to the Supreme Court. 129 Mo. App. 371, 108 S. W. 615. Affirmed on the opinion of the Court of Appeals.
Elliott W. Major, Atty. Gen., and Chas. G. Revelle, Asst. Atty. Gen., for the State.
In an opinion in the St. Louis Court of Appeals the judgment of the circuit court in this case was affirmed, and upon motion by the defendant for a rehearing the motion was overruled, and the cause certified to the Supreme Court for final disposition, upon the ground that the decision of the St. Louis Court of Appeals was in conflict with the opinion of the Kansas City Court of Appeals in State of Missouri v. Patrick & Boyd, 65 Mo. App. 653, in which there was a divided court. We have carefully read both opinions, and approve and adopt the opinion of the St. Louis Court of Appeals as being in harmony with our view as to the law of the case, and as the opinion of this court it reads as follows: [See 129 Mo. App. 371, 108 S. W. 615.] The case of State v. Patrick & Boyd, supra, is overruled. All concur.
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State v. Seiberling.
... ... The case of State v. Patrick & Boyd, 65 Mo. App. 653, cited by appellant, would amply sustain his position; but the St. Louis Court of Appeals in the case of State v. Walker, 129 Mo. App. 371, 108 S. W. 615, expressly refused to follow that case, and because of the conflict certified the case to the Supreme Court. The opinion of the Supreme Court is reported in 221 Mo. 511, 120 S. W. 1198, wherein the opinion of the St. Louis Court of Appeals is approved and adopted as ... ...
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State v. Seiberling
...ample protection herein. We think this question has been well settled by our courts, and needs no further discussion by us. State v. Walker, 221 Mo. 515, Mo.App. 371; State v. Binder, 38 Mo. 456; Dawson v. State, 28 Tex.App. 676; Black, Intox. Liq., sec. 106; State v. Ross, 49 Mo. 416; Stat......