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12 Mo. 576

State v. Austin

Supreme Court of Missouri

Decided October 15, 1849

Supreme Court of Missouri · decided 1849-10-15

At March term of Saint Louis criminal court, the grand jury of St, Louis county found ai>-_ indictment against Charles Austin for a violation of the act entitled uan act to license and tax billiard tables.5’ ft. C. 1845, 170. The indictment contains two counts. The one charging that the defendant “unlawfully did keep a billiard table without a license continuing in force.

Relies on Simmons v. State · State v. Click · State v. Helm

Decided 1849-10-15

Judge Hyland

¶1delivered the opinion of the court.

¶2This case is fully within the principle settled by this court at this term in the ease of the State vs. Kesslering. Both cases were indictments under the 5th section of the act concerning “billiard tables.” The points, therefore, ruled in Kesslering’s case must govern this, and reference is made to the opinion of the court in that case.—(a)

¶3The judgment of the criminal court is reversed, cause remanded, with directions to enter up judgment on the verdict found herein by the jury-

¶4o) See State vs. Baugher, 3 Blackford, 307; U. S. vs. Wilson, 1 Bald. 78; State vs. Lancaster, 2 McLean, 431; State vs. Duncan, 9 Part. 260; State vs. Mitchell, 6 Mo. 137; State vs. Helm, 6 Mo. 263; State vs. Noel, 5 Blackf. 548; State vs. Chick, 2 Ala. 26; Simmons vs. State, 12 Mo. 268.

Judge Napton

¶5dissenting.

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