State v. Jaques
Supreme Court of Missouri
Appeal from Bollinger Circuit Court. — Hon. J. B. Robinson. Judge. This was indictment charging the defendant witli having unlawfully and directly sold intoxicating liquors in less quantities than one gallon, to-wit: one pint of whisky, without having taken out a license as a dramshop keeper, and without having any legal authority to make such sale, against the provision of the statute, &c.
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Appeal from Bollinger Circuit Court. — Hon. J. B. Robinson. Judge. This was indictment charging the defendant witli having unlawfully and directly sold intoxicating liquors in less quantities than one gallon, to-wit: one pint of whisky, without having taken out a license as a dramshop keeper, and without having any legal authority to make such sale, against the provision of the statute, &c. To this indictment a demurrer was interposed, alleging as grounds of objection that it was founded on section 1, page 46, Acts 1874, and did not negative the fact that the liquor was sold for medicinal…
1Opinion of the CourtHenry, J.
*261 1 selling liquor Mthoutliornse.
*260The objectio'ns to the indictment, that it *261does not allege to whom or at what place the liquor was so^’are met ky the cases of the State v. Spain, 29 Mo. 415; State v. Ladd, 15 Mo. 432; State v. Fanning, 38 Mo. 359; State v. Melton, 38 Mo. 369, in which it was held that those allegations are not indispensable to a good indictment. The State v. Neales, 10 Mo. 500, and Austin v. The State, 10 Mo. 591, to the contrary, have long since been overruled.
2.-: druggist: criminal pleading
The only remaining question is, whether the indictment is defective in failing to…
2Cases cited5 opinions
- Austin v. StateSupreme Court of Missouri · 1847
- State v. LaddSupreme Court of Missouri · 1852
- State v. SpainSupreme Court of Missouri · 1860
- Neales v. StateSupreme Court of Missouri · 1847
- State v. FanningSupreme Court of Missouri · 1866
3Cited by25 opinions
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. SchweiterSupreme Court of Kansas · 1882
- State v. BennettSupreme Court of Missouri · 1890
- State v. MeekSupreme Court of Missouri · 1879
- State v. WingfieldSupreme Court of Missouri · 1893
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