State v. Finn
Missouri Court of Appeals
Appeal from the Morgan Circuit Court. — Hon. E. L. Edwards, Judge. (1) It devolved upon the state to prove that defendants did unlawfully sell fermented and malt liquors without having taken and subscribed an oath and given bond, as required by law of all persons before selling or offering to sell such liquors. There was no proof that defendants had failed to take the oath and give the bond required by law.
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Appeal from the Morgan Circuit Court. — Hon. E. L. Edwards, Judge. (1) It devolved upon the state to prove that defendants did unlawfully sell fermented and malt liquors without having taken and subscribed an oath and given bond, as required by law of all persons before selling or offering to sell such liquors. There was no proof that defendants had failed to take the oath and give the bond required by law. (2) The indictment in this case is bad, and the circuit court should have sustained the motion in arrest of judgment. It was evidently copied from the one approved by Judges Holmes and…
1Opinion of the Court
Smith, P. J.- —
The defendant was indicted, tried and convicted of the offense of ‘ ‘ unlawfully selling fermented and malt liquors, to-wit: One bottle of lager beer and one case of lager beer without then and there having taken and subscribed to an oath and giving the bond, as required by law of all persons before selling or offering to sell such liquors.” At the trial, which was before the court, an agreed statement of the facts was read in the evidence, and which was all the evidence offered, in which it was admitted that the defendant, within one year next before the finding of the *507indictme…
2Cases cited10 opinions
- State v. MeekSupreme Court of Missouri · 1879
- State v. JaquesSupreme Court of Missouri · 1878
- State v. LipscombSupreme Court of Missouri · 1873
- State v. AndrewsSupreme Court of Missouri · 1858
- State v. EdwardsSupreme Court of Missouri · 1875
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3Cited by1 opinion
- State v. O'ConnorMissouri Court of Appeals · 1896