State v. Umphrey
Missouri Court of Appeals
Appeal from the Pulaski Circuit' Court— Hon. C. C. Bland, Judge. It is not necessary to follow the exact language of the statute creating the .offense when words of equivalent import are used. State ». Williamson, 21 Mo. 496 ; State v. Dengolensky, 82 Mo. 44. The indictment charges that the defendant issued the prescription for intoxicating liquor to be used and drank as a beverage and is sufficient.
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Appeal from the Pulaski Circuit' Court— Hon. C. C. Bland, Judge. It is not necessary to follow the exact language of the statute creating the .offense when words of equivalent import are used. State ». Williamson, 21 Mo. 496 ; State v. Dengolensky, 82 Mo. 44. The indictment charges that the defendant issued the prescription for intoxicating liquor to be used and drank as a beverage and is sufficient. That part of the indictment alleging that said liquor was used otherwise than for medicinal purposes can be stricken out as surplusage and still enough remains to constitute a valid indictment.…
1Opinion of the CourtBiggs, J.
The following indictment was found against the defendant at the March term, 1889, of the circuit court *328of Pulaski county, to-wit: “ The grand jurors for the state of Missouri summoned from the body of Pulaski county, impaneled, charged and sworn, upon their oaths present that J. T. Umphrey, late of the county aforesaid, on the, second day of February, 1889, at the. county of Pulaski, state aforesaid, then and there being a physician, did unlawfully make out and issue a prescription to one Sol. Douner for a certain quantity of intoxicating liquors, to-wit, one pint of alcohol, one-half pint of…
2Cited by3 opinions
- State v. DavisMissouri Court of Appeals · 1907
- State v. HumeMissouri Court of Appeals · 1910
- State v. PomeroyMissouri Court of Appeals · 1912