State v. Chipp
Missouri Court of Appeals
Error to -Harrison Circuit Court.- — Eon. Paris G. Stepp, Judge. (1) The defendant having entered a plea of not guilty put in issue every fact which was required to prove to make out its case. The burden is on the state to prove that the defendant was a registered pharmacist before he can be convicted under the act relating to druggists.
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Error to -Harrison Circuit Court.- — Eon. Paris G. Stepp, Judge. (1) The defendant having entered a plea of not guilty put in issue every fact which was required to prove to make out its case. The burden is on the state to prove that the defendant was a registered pharmacist before he can be convicted under the act relating to druggists. In this case the defendant is indicted under chapter 23, R. S. 1899, entitled “Druggists and their License.” and especially under section 3051 of said acts, any man suffering intoxicating liquors to be drunk at or about his place of business. By this statute…
1Opinion of the CourtBroaddus, P. J.
The defendant was indicted and convicted under section 3051 Revised Statutes 1899, for allowing alcoholic liquor to be drunk about his place of business. The evidence went to show that he Avas the *559proprietor of a drugstore and dealt in drugs, but there was no evidence that he was a licensed druggist. The fact that he permitted liquor to be drunk at his store was amply proved. He brings his case here by writ of error and the evidence is all before this court.
The contention of the defendant is, that, as the State failed to prove that the defendant was a registered druggist, the offense was not…
2Cited by2 opinions
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