State v. Guyott
Supreme Court of Missouri
Error to Marion Circuit Court. Indictment for selling a commodity to a negro. The indictment charged that “ on the fifth day of June, 1856, and at the said county of Marion, one John Guyott unlawfully then and there being a tavern-keeper, and duly and regularly licensed to keep a tavern, unlawfully then and there did sell to a certain slave — the name of which slave, and the name of tbe owner or master or overseer of which said slave are to the jurors unknown — intoxicating…
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Error to Marion Circuit Court. Indictment for selling a commodity to a negro. The indictment charged that “ on the fifth day of June, 1856, and at the said county of Marion, one John Guyott unlawfully then and there being a tavern-keeper, and duly and regularly licensed to keep a tavern, unlawfully then and there did sell to a certain slave — the name of which slave, and the name of tbe owner or master or overseer of which said slave are to the jurors unknown — intoxicating liquor, to-wit, one gill of whisky, for five cents, without permission in writing from the master, owner or overseer of…
1Opinion of the CourtRichardson, Judge
The bill of exceptions contains nothing but one instruction, which we can not review for the reason that the evidence is not preserved. (State v. Vaughn, 26 Mo. 29.)
The indictment is good. If the name of the slave or his owner or master was unknown to the grand jury, it was sufficient to state the fact in the indictment. (State v. Harris, 2 Snead, 224; State v. Miller, 7 Ired. 275; 13 Mo. 246; 14 14 Mo. 340; 15 Mo. 430.) The other judges concurring, the judgment will be affirmed.
2Cases cited4 opinions
- State v. LaddSupreme Court of Missouri · 1852
- Hays v. StateSupreme Court of Missouri · 1850
- State v. VaughnSupreme Court of Missouri · 1857
- State v. BryantSupreme Court of Missouri · 1851