State v. Barnett
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry 0. Riley, Judge. Section 3011, R. S. 1899 points out the method, and the only method for dealing with dramshop keepers, their agents and employees which keep open their place of business, or sell, give away or allow the same to be drank about the premises on Sunday; but to prosecute, under that statute, the information must certainly charge the defendant with selling on the first day of the week, commonly called Sunday.
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Appeal from Pemiscot Circuit Court. — Hon. Henry 0. Riley, Judge. Section 3011, R. S. 1899 points out the method, and the only method for dealing with dramshop keepers, their agents and employees which keep open their place of business, or sell, give away or allow the same to be drank about the premises on Sunday; but to prosecute, under that statute, the information must certainly charge the defendant with selling on the first day of the week, commonly called Sunday. On the trial of indictment for selling intoxcating liquors without a dramshop keeper’s license, a license covering the time of…
1Opinion of the CourtNortoni, J.
(after stating the facts). — It is conceded that appellant sold the liquor as charged ón May 3rd, 1903, and that May 3rd was Sunday. It is also conceded that appellant had no license himself as a dram-shop keeper but that he was acting when the sale of liquor was made as the agent, servant or bartender of his employer, Ira Barnett, who was a licensed dramshop keeper.
There can be no doubt that if the evidence had shown the sale of liquor to have been made on Saturday, May 2nd or Monday, May 4th, together with a showing that appellant was acting for his principal, and that such principal was a…
2Cases cited4 opinions
- State v. EvansSupreme Court of Missouri · 1884
- State v. MooreSupreme Court of Missouri · 1891
- State v. KurtzMissouri Court of Appeals · 1895
- State v. QuinnMissouri Court of Appeals · 1902
3Cited by2 opinions
- State ex rel. Carman v. RossMissouri Court of Appeals · 1914
- State ex rel. Smith v. DykemanMissouri Court of Appeals · 1911