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63 Mo. 324

State v. Myers

Supreme Court of Missouri

Decided October 15, 1876

Supreme Court of Missouri · decided 1876-10-15

<p>1. Indictment — Broker's license — Failure to obtain., application for. etc. — One dealing in bills of exchange etc., without obtaining the license required by the statute, (Wagn. Stat. p. 2H, § I) cannot shield himself from its penalties by showing that he made application for license and tendered the tax, as provided bylaw. See State vs. Jamison. (23 Mo. 330.)</p>

Key passage — most relied on by later courts

““punishment must follow an infraction of the law, (operating without a license) regardless of the reason which prevented a license from being obtained or the motive actuating the officer who, in dereliction of his duty, refused to grant it.””

quoted by 1 later decision, including State v. Nagle

Relies on State v. Jamison

Good law ✅— No negative treatment on recordhow we know

Decided 1876-10-15

How this case has been cited

Cited by 5 later decisions — most recently October 1952

1 district · 4 state decisions

20187618801890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Sherwood, Judge,

¶1delivered the opinion of the court.

¶2The defendant was indicted for dealing in bills of exchange &c., &c. without having obtained a license so to do. He was convicted of the charge, and now relies for reversal on the point that the court improperly excluded evidence offered by him, to show that he had made due application to the collector in the manner required by law and had tendered him the requisite sum of money, but the officer refused to issue a license as it was his duty to do. There was no error in rejecting such evidence.

¶3The law (Wagn. Stat. § 1, p. 247) applies to all who carry on the business of dealing in, or buying, or 'selling, or shaving any kind of bills of exchange, checks, drafts &c., &c. ' “without a license for that purpose continuing in force,” and punishment must follow an infraction of the law, regardless of the reason which prevented a license from being obtained or the motive actuating the officer'who, in dereliction of his duty, refused to grant it. The same view as here announced was taken by this court in relation to a dram-shop license, which the county court' refused to grant. State vs. Jamison (23 Mo. 330).

¶4The judgment of the court below is therefore affirmed.

All the other judges concur.
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