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135 Mo. App. 171

State v. Graves

Missouri Court of Appeals

Decided February 1, 1909

Missouri Court of Appeals · decided 1909-02-01

— Hon. Argus Cox, Judge. (1) The legal effect of the adoption of the local option law is to suspend, the dramshop law in the locality where the local option law is adopted. Ex parte Swann, 96 Mo. 44; State v. Beam, 51 Mo. App. 368; Ex parte Handler, 176 Mo. 383. (2) The adoption of the local option law constituted a good defense to a prosecution under the dramshop law for a sale of liquor by a dramshop keeper without a license. State y. Beam, 51 Mo. App. 368.

Cited by 1 later decisions — most recently April 1910

1 state decisions

Relies on Ex parte Swann · State v. Searcy · J. F. Conrad Grocer Co. v. St. Louis & Meramec River Railroad

Good law ✅— No negative treatment on recordhow we know

REVERSED · Decided 1909-02-01

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JOHNSON, J.

¶1Defendant (appellant here) was • indicted, tried and convicted in the circuit court of Hickory county on a charge of violating the dramshop law. [Art. 1, ch. 22, Rev. Stat. 1899.] The alleged offense was committed March 16, 1907.

¶2*172In compliance with the rule of evidence announced in State v. Searcy, 89 Mo. App. 393, and 111 Mo. 236, defendant introduced proof of the Adoption in Hickory county of what is known as the Local Option Law in August, 1906, which was long prior to the date of the offense charged in the indictment. The legal effect of the adoption of the Local Option Law was to suspend the operation of the Dramshop Law in Hickory county, and with competent proof before it of the adoption of the law before the date of the offense charged, the court should have discharged defendant. [Ex parte Swann, 96 Mo. 44; State v. Beam, 51 Mo. App. 368; Ex parte Handler, 176 Mo. 383.]

¶3The judgment is reversed.

All concur.
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