Legal Opinion

State v. Summers

Supreme Court of Missouri

Decided February 16, 1898PublishedCited by 7 opinions

Transferred from Kansas City Court of Appeals. (1) The “act to regulate the sale of medicines and poisons by druggists and pharmacists” (Laws of Missouri, 1881, p. 130) and the amendment thereto (Laws of Missouri 1883, p. 89) were intended to “regulate the whole subject of the sale of intoxicating liquors by druggists.”

Read the full summary

Transferred from Kansas City Court of Appeals. (1) The “act to regulate the sale of medicines and poisons by druggists and pharmacists” (Laws of Missouri, 1881, p. 130) and the amendment thereto (Laws of Missouri 1883, p. 89) were intended to “regulate the whole subject of the sale of intoxicating liquors by druggists.” The defendant sold the liquor as medicine, being a regularly licensed druggist, and only upon the prescription of a regularly licensed and practicing physician, and is not amenable to the law relating to adulterations. State v. Roller, 77 Mo. 120; State v. Hughes, 35 Mo. App.…

1Opinion of the CourtSherwood, J.

For selling liquor without first having taken oath and given bond, defendant was in-dieted, and on trial had was convicted, of the offense prohibited in sections 3890 and 3892, Revised Statutes 1889.

The indictment, in its charging part, is the following: “That Bud Summers, on or about the 25th day of December, 1896, at the county of Holt and State of Missouri, unlawfully did sell certain spirituous liquors, to wit, one pint of whiskey, one pint of brandy, one pint of beer, one pint of rum, without first having appeared before the county court clerk of said Holt county and taking and…

2Cases cited4 opinions

  1. State v. RollerSupreme Court of Missouri · 1882
  2. State v. FergusonSupreme Court of Missouri · 1880
  3. State v. GoffMissouri Court of Appeals · 1896
  4. State v. HughesMissouri Court of Appeals · 1889

3Cited by7 opinions

  1. State ex rel. Wagner v. PattersonSupreme Court of Missouri · 1907
  2. In Re Poindexter v. Pettis CountySupreme Court of Missouri · 1922
  3. Davidson v. SchmidtMissouri Court of Appeals · 1910
  4. State v. PotterMissouri Court of Appeals · 1907
  5. McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API