210 Mo. 254 | Mo. | 1908
On September 10, 1906, the prosecuting attorney of Stone county filed an information, duly verified, against the defendants, charging that in September, 1906, at said county, they unlawfully sold and disposed of intoxicating and fermented liquors in violation of the Act of the General Assembly of Missouri, approved on the 5th day of April, 1887,. commonly known as the “Local Option Law,” being articlé 3 of chapter 22 of the Revised Statutes of 1899 of said State, which had been adopted and was in-force within the county of Stone.
In due time the defendants were duly arraigned
The evidence tended to show that along about the first of September, 1906, the defendants were running what was known as “The Crane Amusement Club,” at the town of Crane in the county of Stone. A witness testified that he bought a dollar’s worth of coupons from the defendants, for which he obtained beer. The club house consisted of two rooms with a partition about the middle. There was a door in the partition, which was locked, and the witness knocked on this door and was admitted into the inner room, in which there was located a regular bar, such as is ordinarily found in a bar room or dramshop. He found the two defendants and some others in this hack room after he had been admitted; he presented his coupon and received beer therefor. Both the defendants were in there and were dispensing liquors to their customers.
The records of the county court of Stone county were offered in evidence by which-it appeared that on August 7, 1905, a petition, signed by over one-tenth <of the qualified voters of Stone county, was filed in the county court, praying for an election to determine whether or not intoxicating liquors should he sold in said county. An order was made by the court, in due form, directing that a special election he held on September 15, 1905, notice of thé election to be given by publication in the “Crane Chronicle” for four consecutive weeks. This notice was in all respects regular and sufficient. Judges and clerks were duly appointed for the said election, and on the 18th day of Septem
The order of the court requiring notice of the result of the Local Option election held on September 15, 1905, to be published, was not made until October 4, 1905, and the first insertion was the- 13th. We are not to ascribe to the court or clerk such a nonsensical act as the publication of the result of an election two days before it was held. Besides, when the affidavit of the printer is considered, that the publications were-made five weeks consecutively, the last on November 10, 1905, the clerical mistake in using the word “Sept.,” opposite the second insertion, becomes perfectly apparent and the court was fully justified in finding all the publications were made in October and November, 1905, and could not have been made in September." Had such an objection been called to the attention of the circuit court doubtless the files of the paper could have been produced and the proof of the notice fully established, notwithstanding the careless form of the affidavit.
As to the point raised as to the constitutionality of the Local Option Law, it must suffice to say that it has been held constitutional by this court in numerous cases, beginning with State ex rel. Maggard v. Pond, 93 Mo. 606, down to and including State v. Handler, 178 Mo, 38, and it is no longer an open question in this court.
It follows that there is no error in the record and the judgment is affirmed.