State v. Pittman
Supreme Court of Missouri
Appeal from Bollinger Circuit Court.—Hon. J. H. Nicholson, Judge. The indictment charged that defendant, being a druggist, did unlawfully “ sell and give away ” intoxicating liquors in less quantities than one gallon, without having a dramshop keeper’s license. It was founded on section 1, page 166, Session Acts 1879, which makes it an offense to “sell or give away,” etc.
Read the full summary
Appeal from Bollinger Circuit Court.—Hon. J. H. Nicholson, Judge. The indictment charged that defendant, being a druggist, did unlawfully “ sell and give away ” intoxicating liquors in less quantities than one gallon, without having a dramshop keeper’s license. It was founded on section 1, page 166, Session Acts 1879, which makes it an offense to “sell or give away,” etc. Defendant demurred to the indictment, as charging two distinct offenses, and being, therefore, bad for duplicity. The demurrer was sustained and final judgment entered for the defendant. The State appealed.
1Opinion of the CourtSherwood, C. J.
The indictment is well enough, and should have been thus held. The gist of the offense with which the defendant was charged, was the unlawful traffic and dealing in spirituous liquors. A violation of the statute under which the indictment is drawn may occur in two ways : First, by a druggist having no license as a dram-shop keeper, selling intoxicating liquor in less quantity than one gallon. Second, by such druggist, being unlicensed as aforesaid, giving away a similar quantity of intoxicating liquor. The statute is in the disjunctive. In such cases, it is allowable to use the word and…
2Cases cited2 opinions
- State v. FancherSupreme Court of Missouri · 1880
- State v. FitzsimmonsSupreme Court of Missouri · 1860
3Cited by16 opinions
- City of St. Louis v. St. Louis Theatre Co.Supreme Court of Missouri · 1907
- Antonelli v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. ClawsonMissouri Court of Appeals · 1888
- State v. CurrierSupreme Court of Missouri · 1910
- State v. SpanoSupreme Court of Missouri · 1928
11 more not listed; retrieve them via the Exa API.