State v. Alexander
Missouri Court of Appeals
Appeal from the Webster Circuit Court. — Hon. Argus Cox, Judge. Defendant bad a merchants’ license at the time the alleged sales were made; he also kept a stock of drugs, etc.; and if he does not come within the druggists’ act, he should have been indicted under the merchants’ act. State v. Gibson, 61 Mo. App. 368; State v. Williams, 69 Id. 284; Same v. Same, Id. 286.
1Opinion of the CourtBiggs, J.
The defendant was indicted, tried and convicted of a violation of the dramshop act. At the conclusion of the evidence the defendant asked the circuit court to instruct that, if at the time of the alleged sale of the whiskey the defendant was a merchant and had a license as such, then he must be acquitted. The court refused the instruction and the defendant has appealed.
The evidence on the part of the state tended to prove that the defendant at the time stated in the indictment sold one half pint of whiskey, and that the whiskey was sold at the defendant’s place of business, where he kept a…
2Cases cited4 opinions
- State v. PiperMissouri Court of Appeals · 1890
- State v. RyanMissouri Court of Appeals · 1888
- State v. WilliamsMissouri Court of Appeals · 1897
- State v. RafterMissouri Court of Appeals · 1895
3Cited by5 opinions
- State v. QuinnMissouri Court of Appeals · 1902
- State v. QuinnSupreme Court of Missouri · 1902
- State v. SteeleMissouri Court of Appeals · 1900
- State v. HeibelMissouri Court of Appeals · 1906
- State v. BoggessMissouri Court of Appeals · 1901