State v. Pomeroy
Missouri Court of Appeals
Appeal from Benton Circuit Court. — JTo». G. A. Calvird, Judge.- An indictment in the language of the statute is sufficient only where all the facts which constitute the offense are set forth in the statute. The indictment should not only follow the language of the statute in this case, but it should descend to particulars and allege for what particular, purpose this liquor was to be used.
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Appeal from Benton Circuit Court. — JTo». G. A. Calvird, Judge.- An indictment in the language of the statute is sufficient only where all the facts which constitute the offense are set forth in the statute. The indictment should not only follow the language of the statute in this case, but it should descend to particulars and allege for what particular, purpose this liquor was to be used. State v. Krueger, 134 Mo. 263; State v. Haywood, 83 Mo. 299. Nothing is taken by intendment. State v. Austin, 113¡ Mo. 538. It permits a conviction without requiring the jury to find that the defendant had…
1Opinion of the CourtJohnson, J.
Defendant was indicted, tried and convicted in the circuit court of Benton county on the charge of issuing a prescription for intoxicating liquor in violation of section 5784, Revised Statutes 1909, which provides that “any physician . . . who shall . . . issue any prescription to any per*290son for intoxicating’ liquors in any quantity . . . to be used otherwise than for medicinal purposes . . . shall be deemed guilty of a misdemeanor,” etc. The indictment alleges that defendant “on the 24th day of December, 19101, at the county of Benton and state of Missouri, being then and there a duly…
2Cases cited5 opinions
- Dreyer v. PeopleIllinois Supreme Court · 1898
- State v. SeiberlingMissouri Court of Appeals · 1910
- State v. UmphreyMissouri Court of Appeals · 1890
- State v. DavisMissouri Court of Appeals · 1907
- State v. HumeMissouri Court of Appeals · 1910
3Cited by2 opinions
- Raggio v. BryanNevada Supreme Court · 1960
- State v. BatesMissouri Court of Appeals · 1914